Our sons wife of 13 1/2 months has asked him for a divorce. They live in Indiana. She was talking to a friend of ours (she doesn't know we know this woman) & she said that she should get 50% of our sons 401K because she has bills she wants to pay off & needs this money. Is there a certain amount of time that you have to be married to a person before you qualify to get 1/2 of their retirement? They have no children. Thank you for your help.
Lone Cat
Favorite Answer
In most states your allowed to keep what ever you came into the marriage with. So if this was something he had before he got married, then she probably can't have any of it.
Mutt
She might be entitled to a portion of it, but if he had the 401k account before the marriage, then she will have a hard time getting 50% of it. 50% of what was added tot eh funds after the marriage might be about all.
Best if he consults with a lawyer to see what of his assets he can protect, and what he has to give to her.
Anonymous
at best she would be entitled to half of what was put into the 501K while they were married. If he had the 501k prior to being married, she might not be able to touch it at all. It depends on the laws in your state, there are no standard divorce laws across the US, Each state has it's own laws as to alimony, child support, and property. You would need to consult an attorney to know for sure.