Legal Question in Family Law in Indiana

in indiana, with a divorce already filed, one spouse has a 401k earned during marriage and changes per stirpes the beneficiary to a daughter, are there any ramifications to the other spouse so long as the divorce is eventually finalized vs if she passes away before the divorce is final? Or is it the same, one half, to that spouse regardless?


Asked on 8/19/19, 2:15 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

You need to hire a lawyer who can look at the whole set of circumstances. The short answer is that a beneficiary designation controls inheritance, and that the divorce will determine the other spouse's share of the 401K, which can be 0%, 100%, or any number in between depending on how the rest of the assets are divided.

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Answered on 8/26/19, 7:06 am


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