My wife and I are still married but are considering divorce with one of the reasons being the debt my wife has created through her out of control spending.
Can I have my wife sign a post-nuptial agreement that she will leave my 401(k) and retirement stock options alone in the event of divorce if I pay off the debt in her name using my annual bonus and income tax returns?
This will allow her a clean slate and enable me to protect my future. Is this type of agreement before divorce enforceable?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.
More than likely a signed agreement where she would agree to not touch your retirement stock option and 401(k) in exchange for you paying off debt with a bonus would be null and void.
This is because it is a post-nuptial agreement and is done in contemplation of a divorce.
In order to have any chance of making this agreement enforceable, you will need to have an attorney draft an agreement, and she will need to have an attorney review the agreement. Most states require both parties to have a licensed divorce lawyer review the agreement.
Furthermore, most states will make a post-nuptial agreement unenforceable even if both parties are represented if a divorce occurs within a window of time after the signing of the post-nuptial agreement.
I would suggest that if you want to do an agreement like the one you mention, you consult with an attorney. An agreement signed with just your wife without the input of your respective attorneys will be more than likely useless.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.