Legal Question in Family Law in Indiana

I am 55 years old and have been married for the past 17 years. We seperated 10 years ago, and at that time came to an agreement splitting up all of our assets. According to the Indiana child support worksheet I should of paid roughly $80 per week support. However we agreed to stay separated and not finalize the divorce so that she could stay covered under my healthcare plan, at a cost of $50 per week and I would pay $57 a week support. During the seperation I paid 100% of my daughters healthcare, 100% of her school books, 95% of her clothing, also 100% of our income taxes for all 10 years. Now that my daughter is 18 and living with me, and going to collage. I wanted to finalize the divorce. However she is claiming that she is entitled to half of my retirement accounts. a 401k that was started 4 years ago, and a roth Ira taht I started 25 years ago. Also at the time of the seperation she left with her own Roth IRA, That she has since cashed in and spent the money. My question being is she entitled to any part of these accounts.


Asked on 8/28/12, 2:57 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Technically, she is correct. There was no legal separation and as a married couple, both of your assets go into a marital pot with a presumption of a 50 50 split. That presumption can be rebutted and it sounds like you have a good argument for rebuttal.

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Answered on 9/09/12, 5:31 pm


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