I have a company retirement plan; I intend to work for 10 more years. Is my spouse entitled to half of the retirement or only the portion accumulated while we were married.

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I have a company retirement plan; I intend to work for 10 more years. Is my spouse entitled to half of the retirement or only the portion accumulated while we were married.

Asked on June 19, 2009 under Family Law, Indiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not an Indiana attorney, and I don't have all the facts.  While divorce law and procedure does vary some from one state to another, only the portion of the retirement earned during the marriage is usually subject to division, although there is an interest component that gets figured in, and exactly what the divorced spouse's interest works out to isn't always at all simple to figure out.  And in any divorce case, property settlements can be rearranged in a number of ways, depending on the unique facts of your case.  For reliable advice, you need to review the case with a lawyer in your area.  One place to find a qualified attorney is our website:  http://attorneypages.com


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