Help needed quick

[Iwanttobefree]

What is the name of your state? Texas
My husband and I have been separated for 6 months. We want a divorce but we are in bankrupcty and still pay the monthly paments. We checked on getting a divorce but it is so expensive until the bankruptcy is over, which should be in April 2007.

My husband just quit his job and wants to draw down his 401K monies, He was told I had to sign the paperwork before he could draw the money out. I don't mind signing the paperwork because I don't want any of the monies but I am up for retirement next year and he is so biopolar that he may decide he wants half of my retirement. He says he doesn't want my monies either but he is subject to shift in the middle of the ocean any day (especially after he has drawn out and spent his 401K monies).

My question: If I draw up a paper for him to sign stating he does not now or ever want any part of my retirement money and get it notarized would this be sufficient in a divorce court? I need to know quickly because he already has the paper and has called me 4 times today to sign it. PLEASE WILL THIS WORK!!!!

[Ohiogal]

No it will not be sufficient. You need to have a separation agreement filed and on record that deals with this in order to protect any marital assets (including your retirement) from being transferred later. Of course that only works if you are living separate and apart.

[LdiJ]

If he is desparate for cash you might agree to him drawing out just a small amount now, to tide him over until you can get some formal paperwork drawn up for a separation agreement. Otherwise, you need to be filing for divorce so that you can get the ball rolling on dividing things up.

He was dumb to quit his job.