Question:
My father is 60, he just retired in June 2007. Before he retired his marriage was already over, although a legal piece of paper bound him and his wife. My dad had a job transfer to Maryland for 6 years in order to obtain his pension/retirement. His wife stayed at their house here in St. Louis (deed is in both names). As a side note, his wife had two openly known affairs. My father had his wife sign off, notarized signature, on his 401k/retirement pension. She willingly forfeited her rights as beneficiary to his retirement/401k. My dad has three children and designated us as beneficiaries. We are all adults. Fidelity Investments has the original signed paper. My dad's wife has made mention to file for a divorce after all these years, 20+ because she wants to be with her boyfriend. She wants my dad to pay her off $50,000. I guess half the proceeds of the house. My father's main concern, can she touch his 401k, retirement money since she willingly and of sound mind, signed off on it? Thanks, Concerned Daughter
Answer:
It is possible that she can make a play for the benefits as they are still marital property, until the divorce is granted.
