More details to this question:
He lives in Indiana. The minor kids and I live in Arizona. Do we have to be married for 10 years? We have been married for 9 half.
2 ANSWERS
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
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There is no ten year period required for a 401K to become marital property. It is marital property no matter the duration of the marriage.
Answered on Oct 17th, 2013 at 11:33 AM
If the divorce is filed in Arizona, then Arizona law applies. The presumption (with a couple of statutory exceptions) is that all assets acquired during the marriage (no matter how long the marriage lasted) will be considered community property and are subject to division in a divorce.
Answered on Oct 16th, 2013 at 10:40 AM