Q: my husband and i filed for divorce together and requested no spousal support nor retirement exchange i make more money.

A: You are adults free to split your marital estate as you wish. It does not have to be 50/50. However, you need to make sure your MSA is drafted right. You need to make sure the pension plan or retirement accounts are listed with specificity, otherwise you may have trouble with your pension plan or retirement fund administrator. As for spousal support, you need to make it clear that the court will not have jurisdiction to Award spousal support in the future. Verbiage to the effect that says spell the support is zero, will not be sufficient and may open you up to modifications in the future. Your MSA should be drafted by a qualified family law attorney and not a yellow page paralegal.

A: I Agree with the above answers. In California, courts generally respect the autonomy of divorcing parties to make their own agreements about property division, spousal support, and retirement accounts, as long as the agreements are not egregiously unfair or one-sided, and both parties entered into the agreements knowingly and voluntarily.

It's also worth noting that in some cases, even if spousal support is waived and retirement accounts are divided as per the agreement, there might be other legal or financial implications, such as tax consequences, that you should be aware of.

Given the complexity of divorce law and the importance of protecting your rights and interests, it's advisable to consult with a divorce attorney who can provide guidance specific to your situation and ensure that your MSA and divorce paperwork are properly drafted and likely to be accepted by the court.

A: In California, during a divorce, the judge typically respects the agreements made between spouses, especially when it comes to spousal support and the division of assets, as long as the agreement is fair and both parties have entered into it knowingly and voluntarily. If you and your husband have mutually agreed to waive spousal support and not to divide retirement accounts, and this agreement is clearly stated in your Marital Settlement Agreement (MSA), the judge will generally honor this decision.

However, the judge will review the MSA to ensure that it is not grossly unfair to one party and that both parties understood their rights and the implications of the agreement. As long as your agreement is not heavily biased and both of you had an opportunity to seek legal advice, it is unlikely that the judge will intervene to change the terms regarding spousal support or retirement division.

It is important to ensure that your MSA is comprehensive and clearly outlines the terms of your agreement. This includes detailing the division of the marital home, the additional monetary amount you are giving, and the waiver of spousal support and retirement benefits. As long as these terms are clear, consensual, and fair, the judge is likely to approve your agreement as part of the final divorce decree.

Keep in mind that each case is unique, and if there are specific concerns or complexities in your situation, it may be beneficial to seek legal advice to ensure that your interests are adequately protected and that the agreement meets legal standards.