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.

Read more
Answered on 8/01/01, 8:18 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana