In a divorce is a wife entitled to her husband’s retirement benefits ifthey wereeceived prior to the marriage?

UPDATED: Mar 7, 2012

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In a divorce is a wife entitled to her husband’s retirement benefits ifthey wereeceived prior to the marriage?

My boyfriend does not want to get married because he is afraid in the event of divorce that I would want half of his retirement benefits. Can I sign something that would give him piece of mind that I would not be entitled to it in the event of divorce?

Asked on March 7, 2012 under Family Law, Georgia


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

Answered 10 years ago | Contributor

Yes, you could It would be called a prenuptial agreement.  But you need to understand something here: you are entitled to that portion of his retirement benefits that accrued during the marriage. Why would you waive that right unless you yourself have a retirement plan and wish him to waive that right.  Or a savings account that should not be co-mingled at all for that matter. Generally the wealthy like to make sure they do not lose it all.  But regular people go in to a marriage first hoping that it lasts "til death do us part" and second, with the intention to share all aspects of their life together.  Having to sign a prenup in order to get a proposal does not sound like a healthy way to start off.  Good luck.

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