Can my ex-spouse decline retirement benefits by signing and notarizing a statement saying he does not want a share of my retirement?

My ex-spouse said he does not have a problem signing something declining any rights to my retirement benefits. We were married for 2 1/2 years 33 years ago. If he signs a paper declining any rights to my retirement and have it notarized, will that be enough?

Asked on September 19, 2011 under Family Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would definitely have him waive his rights to the retirement benefits but I would not write the statement yourself.  The document that he signs should have full disclosure of the benefits and the amount that accrued during the time of your marriage and the law that pertains to his right to share in retirement benefits as marital property.  Given the time frame of your marriage that long ago he probably would not have been entitled to much.  But that needs to be spelled out for him and he needs to take it to an attorney to review.  He would not get anything in a trial I am sure.  But he could upset the apple cart if he wants to make a stink.  Good luck.


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