Q: Am I entitled to my husbands 401k/pension even though he had it prior to our marriage?
A: In Indiana all property owned by the parties at the time of legal separation (time divorce is filed) is included in the marital estate. As long as pension and or 401(k) are vested they will be included in the marital estate. However, your husband may argue to deviate from the presumptive 50/50 division of marital assets based upon fact that some or part of his pension were brought into the marriage. There are several factors the court considers that may lead to a deviation from a 50/50 division. I recommend you seek the advice of a family law attorney to review all the factors that may determine how your marital estate is divided.
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