Indianapolis, IN asked in Divorce for Indiana

Q: Been married 13 years. Am I entitled to half my husbands retirement.

My friends husband is taking $15,000 out of his retirement account to pay off HIS credit cards to “make things better financially for them” meanwhile he got an apartment to “figure out what he wants” which obviously Inst helping financially. I told her I thought they split that account evenly & that he’s screwing her.

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1 Lawyer Answer
John Mario Acosta Jr.
John Mario Acosta Jr.
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: Based on your question if they are still married it is community money. If a divorce action has been filed and a provisional order is in place then you might have a different result. In Indiana the starting point for any divorce is 50/50 unless the parties agree or the court decides otherwise. Furthermore, if she agrees to the money being taken out if there is a provisional order then it is agreed to and she can't do much about it.

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