Legal Question in Family Law in Indiana
divorce and assets dividing
Does one have to be married a certain amount of years
to be eligible for the others retirement in the event of a divorce?
Asked on 8/01/01, 1:41 am
1 Answer from Attorneys
Dorene Philpot
Philpot Law Office
Re: divorce and assets dividing
There's no MINIMUM number of years before a retirement account becomes an issue.
However, only half of the part of the account that accrued during the marriage is subject to being divided. If someone had a pension before marriage, that value of the pension is not subject to the division, only the increase in value during the marriage.
Also, obviously, the pension would need to be vested before it could be divided.
Hope this helps answer your questions.
Answered on 8/01/01, 8:18 pm