Legal Question in Family Law in Nevada
Post Nuptial Agreement Advice
My marriage of 17 years is rocky due to my husband's alcoholism and his bringing his 40 yr old son who is is trying to recover from drug addiction for the past 15 yrs into our jointly owned home. He wants me to sign a post nuptial aggreement giving up my rights to his pension-I would agree to this-and any alimony. I have not worked in 6 years having given up my good job to work with him in other business pusuits that have not been profitable. He has a substantial 401k which his son is the beneficiary of.(I signed off as beneficiary) . Would I be entitled to any portion of the 401k? He is intimidating me by saying ''You have no money''. I co mingled my salary for 12 years. He made 4x what I did. Thanks for advice. .
3 Answers from Attorneys
Re: Post Nuptial Agreement Advice
Upon divorce you would likely be entitled to a large portion of the 401k, regardless of him naming his son as the beneficiary. Call me for a consultation, it sounds as if you need to file for divorce. Depending on the particular facts, alimony might also be granted.
I would never sign a post-nup if I were you based on what you've told me.
Re: Post Nuptial Agreement Advice
You could only assert the rights to the 401(k) if you divorce him. If you get something for signing the post nuptial, there might be a good reason to sign, otherwise, I would seek a divorce from this guy.
Re: Post Nuptial Agreement Advice
You are entitled to the portion of his 401K that was accumulated during the marriage. If you have not worked in 6 years you should not give up the right to alimony. From the few facts you have mentioned I do not see any benefit to you in signing the post nuptial especially if he has you giving up rights to a 401K and alimony and geting nothing in return. If you are considering signing the post nuptial you should have an attorney review it first.
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