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Novabf

Retirement Split

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Hello-

 

Have a friend getting divorced (will be separated 3 years in 6/15/19 in Virginia).  They are working on separation agreement.

 

It references retirement values as of the 6/15/16, date of separation, not present day values. 

 

Since the is no formal court filing of separation in Virginia, and no separation agreement was ever signed, shouldn’t retirement / assets be based on current values when separation agreement is signed?

 

Thx in advance for your input.

 

 

 

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Since it's an agreement between two parties who can negotiate the terms, it "should" say whatever the two of them agree that it should say.  If your friend's spouse wants it to say X and your friend wants it to say Y, then your friend should make his/her preference known, and the two of them can negotiate.

 

P.S.  I hope it goes without saying that your friend should be soliciting advice from a local family law attorney.  Having a friend post on an internet message board is not a good substitute for proper legal advice.

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