Legal Question in Family Law in Indiana

How long do you have to be married before you are "invested" (if you will) in a marriage? Also I have a 401K ( in my name only) which was part of a former divorce (we were married for ten years and divorced in 2001). The 401K was my husband's from the first marriage and was split with me (his wife) in the divorce. The present husband and myself have been married for a little over 2 years.

So, (1) Would the present husband be legally entitled to any of the 401K money (which originally was owned by the first husband)?

And, (2) How long do you have to be invested into the marriage before the other possessions are split.

Thank you,

Lori


Asked on 4/20/10, 9:57 pm

1 Answer from Attorneys

I do not know what you mean by "invested". In Indiana, there is a presumption that everything brought into a marriage is comingled into one pot. There is no "investing" period. However, the court will look at the term of the marriage and if short, may deviate from that presumption. There are some exceptions to that rule and that would include the 401 (k) unless you cashed it in. In other words, he is not entitled to the 401 (K).

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Answered on 4/26/10, 5:58 am


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