The rapper, whose legal name is now Ye, filed a declaration Wednesday in L.A. County Superior Court opposing his estranged wife’s December request that the two be declared single before property and custody details are decided. (That’s the same request where she asked to drop “West” from her legal name.)

Ye is basically saying Kardashian’s request is defective, in that it doesn’t cover letter-of-the-law state requirements about retirement accounts as well as a condition that she waive future marital privilege when it comes to matters involving their four children.

“If status is terminated now without this condition then a barrier to obtaining evidence regarding parenting and custody will arise if Kim remarries before the case is concluded,” according to the document, obtained by The Times.

So if the judge were to approve the split as Kardashian has requested, then she remarries and her new spouse witnesses or discusses something with her that involves the kids and parenting or custody issues, she would be able to invoke her new spousal privilege and shut out Ye’s legal team.