Legal Question in Family Law in Indiana

separating finances in divorce

In indiana all finances in a divorce are split 50/50. What about the husbands 401k that he started before the marriage and has continued to contribute to during the marriage.


Asked on 4/30/07, 9:25 am

2 Answers from Attorneys
Samuel Hasler Samuel Hasler

Re: separating finances in divorce

The lawyerly answer is that it depends. If the 401K has not vested, then it is not marital property at all. Generally speaking, the portion of any property acquired before marriage that goes into the marital pot is what was put in there during the marriage. I suggest you take a look my Indiana Family Law and Divorce Blog where i have some articles on marital property: http://haslerlaw2.blogspot.com/search/label/property%20issues

I also suggest that you get an attorney.

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Answered on 4/30/07, 10:41 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: separating finances in divorce

50% OF THAT PART EARNED DURING THE MARRIAGE ONLY

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Answered on 4/30/07, 4:40 pm


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