Question asked on Sept 13th, 2017

Q: Before filling for divorce, Can I get a my wife to sign a paper that says she will not touch my 401k & stocks that will not be contested?

A: It’s not entirely clear what you are asking.  Yes, a postnuptial agreement can include a spousal waiver of rights to assets, including retirement and survivorship interests.  See “The Risks and Rewards of Postnuptial Agreements” and other resources posted here.  As to “will not be contested,” it just isn’t clear what you mean — now?  Later?  In some future divorce?  It might be easier to call during regular business hours and ask such preliminary questions of a member of the attorney staff.