My wife and I have been married for 35 years, if she will agree not to take any of my retirement; can the courts still award her part of my retirement even though she agreed not to touch mine if I dont touch hers? Mine is better than hers.
2 Answers from Attorneys
If the agreement is mutually agreed to ater full disclosure and not unconsciousable the judge will likely approve it. But after 35 years of marriage she gets $10,000.00 and you get $1,000,000.00 I don't believe any judge would approve it.
Do you still believe that after seeing a disparity in the size of retirements, that she or her attorney will admit that she agreed to do without her portion of your retirement funds? If you think she will, you might prevail. But, it seems much more likely that you will have a hard time proving that any such agreement occurred with full disclosure and an opportunity to consult counsel.