can I still file for spousal support,touch his 401K or touch any of his inheratance?even thiough back in 2006 i gave a verbal agreement to not do so.

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can I still file for spousal support,touch his 401K or touch any of his inheratance?even thiough back in 2006 i gave a verbal agreement to not do so.

Asked on May 28, 2009 under Family Law, Pennsylvania

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

As long as you did not make these promises verbally in court on the record, you should be fine. Unless the agreement was in writing properly notarized and acknowledged or done in open court on the record, it will not be binding. However, most states do not allow you to seek pension benefits or property without a divorce and with regards to inheritance right you may not be entitled to these anyway once you are divorced. You need to consult with an attorney in your area to determine what rights you have to these things but you have not waived anything at this time.  

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, you can file for spousal support. The judge will determine what you will receive and in what amount.


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