Legal Question in Family Law in New York

I live in New York City and a member of the Teachers Retirement System. I will retire in 4-5 years. I've been married for 6 years. I'd like to protect my TRS pension and tax-deferred annuity (TDA). My husband has agreed to waive all his rights. Would a post-nuptial be a safe way to do this? If we eventually get divorced, will a post-nuptial waiving pension rights be enforceable? Thank you!


Asked on 7/08/10, 2:02 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

The simple answer is yes and yes, but get an experienced divorce attorney to draw the agreement up in order to prevent adverse litigation.

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Answered on 7/10/10, 6:13 pm


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