Legal Question in Family Law in Indiana
Pension
If a couple have been married for 29 years, but only lived together for 2 years, is she entitled to any of his pension if they divorce? Someone said it is automatic in Indiana. Doesn't it matter that they haven't had any contact for all these years? They have no children together. I know this is a very unusual situation. This question is for my sister. She actually thought she was divorced all these years, even though she never received any divorce papers. When he retired, it was discovered that he was still married and she had to sign papers saying she would only get his pension after he dies. A couple of years later he filed for divorce. Now she is trying to get half of his pension because someone told her she could. She does need the money. She has very low income and can't even afford her own place to live, she lives with me in my house.
1 Answer from Attorneys
Re: Pension
Thank you for your question. There is a presumption that she is entitled to 1/2 during the period that they are married. However, the presumption can be rebutted. Your sister needs to obtain a lawyer. If she has no funds, she may be entitled to Pro Bono Services. Check wuth the Pro Bono Office in her district.
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