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I and my kids have been living in state of Arizona for 16 months from Indiana. My husband still lives in Indiana. We plan to file for divorce January 2014 we have been married for 9 1/2 years. Which law do we have to follow for 401K Indiana or Arizona? I heard have to be married for 10 years to be able to get half of 401k. I also heard that I can get the % on the years I have been married to him?
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You should consult with experienced family law counsel to discuss your matter. If you and your husband never lived together in Arizona there may possibly be an issue of the Arizona court exercising jurisdiction over the Indiana property. If your husband agrees to the dissolution being filed in Arizona then that issue may be alleviated. In any event the issue of the division of the 401(K) may resolve the same under Indiana law as it would under Arizona law. The 10 year rule you have been told about concerns your ability to obtain social security benefits under the earnings history of your ex-husband, not with the division of an asset. In Arizona the division of the 401(K) would be based upon how long your husband was contributing to the 401(K), versus how long you were married.
Answered on Oct 10th, 2013 at 10:44 AM
You should consult with a family law attorney. A 401k is an employer sponsored plan. You might be thinking about Social Security, which is governed by Federal law.
Answered on Oct 09th, 2013 at 4:20 PM
If you divorce in Arizona, you will be subject to Arizona's laws regarding division of property. Generally, all assets acquired during the marriage will be equitably (equally) divided in a divorce, regardless of how long you were married. If he accumulated any part of the 401k prior to the marriage, then that is his separate property, but any part of it acquired during the marriage is divisible in a divorce in Arizona. I cannot speak for the laws of Indiana.
Answered on Oct 09th, 2013 at 12:08 PM