What can I do if I’m divorcing and my husband is stating that his retirement is fully “his” money?

UPDATED: Sep 29, 2022

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What can I do if I’m divorcing and my husband is stating that his retirement is fully “his” money?

I am taking sole custody of the children and would like some of that to pay of debt to better support my children. Can he claim that is only “his” money?

Asked on November 10, 2015 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

He can "claim" anything he wants, but that does not necessarily make it so unless you agree to it. Otherwise, if you disagree, do not sign any settlement letting him keep 100% of his retirement, but instead take the matter (and his support obligations, distribution of assets, etc. more generally) to the court and let the court decide. Sometimes a portion of pensions and other retirement benefits are awarded to spouses, so you do not need to simply accept your husband's position.

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