My husband had an affair and it's still going on. He wants a divorce. We have a prenup and it states I can't go after his military retirement. We have been married for 14 years. Is this the case?
Answer
If the prenup was properly executed, and there was a full and fair disclosure of each of your financial positions, and you didn't sign the prenup under duress, then yes, the prenup would be enforceable and you would not be able to go after those retirement benefits.
However, this requires a thorough analysis to be able to give you an accurate answer.
If you do decide to separate or if he files a divorce complaint, you should consult with an attorney right away. Feel free to call me if needed. We offer free phone consultations.
Justin C. Gearty Jr., Esquire
Ph: 717-490-6325
Email: [email protected]/* */
Website: www.GeartyLawOffices.com
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.
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