How do I make sure I recieve half of my husband retirement during a divorce?

UPDATED: Oct 1, 2022

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How do I make sure I recieve half of my husband retirement during a divorce?

We have been married for 21 years and put away almost half a million in retirement funds. I want to get half. Plus I cannot afford the mortgage payment, but don’t want to move. He is having an affair with a women out of our state. I don’t think Indiana has Alimony.

Asked on February 19, 2018 under Family Law, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your situation.  You are correct that the state of Indiana does not recognize alimony but they do recognize spousal maintenance in certain instances and for certain time periods.  It can be awarded temporarily between the time you file for divorce and the time the divorce is finalized while the court sorts out the money matters (who has what and the potential disparity).  The courts in Indiana assume each spouse can work. As for the pension, that portion that accrued during the marriage is marital property for distribution during the divorce and you are entitled to hald.  Do NOT waive that.  It needs to be valued by a pension appraiser.  You will receive a domestic relations order once the divorce is final for the proceeds.  As for the house, you may have to sell it.  Please go and see an attorney for a consultation.  Good luck.

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