Marana, AZ asked in Divorce for Arizona

Q: In a divorce can I have my husband op out of dipping into my retirement account

In a divorce can I have my husband op out of dipping into my retirement account in writing and summit to the court? I’m 54now but want to prevent him when i turn 67

Can it be on record through the court?

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2 Lawyer Answers
Randi Sirlin
Randi Sirlin
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: In any divorce, the parties can reach an equitable settlement which can be ordered by the court, so the answer to your question is, "yes."

Rich J. Peters
Rich J. Peters
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: If the two of your reach and an agreement, then yes he can absolutely waive his interest in your retirement. If it is not part of an agreement, then you cannot compel him to do so in Arizona.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.

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