Question : In divorce in louisiana, can a spouse sign to give up all rights to the other spouses 401k and retirement?
Is the erisa law in effect to get the spouse a portion of the retirement even if that spouse signs to give up all rights to the retirement of the spouse that has worked to earn the retirement benifits and 401k plan in a divorce settlement in Louisiana?
401k retirement

Best answer:

Answer by digdowndeepnseattle
if the spouse signs the divorce decree that gives up the 401k and retirement benefits then no QDRO can be filed….no QDRO equals no 401k or Retirement Plan split. However, the divorce decree can be amended after the fact..ie go back into court and put stuff back on the table..highly unlikely if spouse received other assets to replace the value of the lost retirement benefits (ie house).