What can I do if I’m divorcing and my husband is stating that his retirement is fully “his” money?

I am taking sole custody of the children and would like some of that to pay of debt to better support my children. Can he claim that is only “his” money?

Asked on November 10, 2015 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

He can "claim" anything he wants, but that does not necessarily make it so unless you agree to it. Otherwise, if you disagree, do not sign any settlement letting him keep 100% of his retirement, but instead take the matter (and his support obligations, distribution of assets, etc. more generally) to the court and let the court decide. Sometimes a portion of pensions and other retirement benefits are awarded to spouses, so you do not need to simply accept your husband's position.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.