Indianapolis Family Law Blog

Those who are the primary income earners in their homes likely go into divorce proceedings in Indianapolis understanding that they are going to have to relinquish full ownership of their marital assets. Few initially understand, however, that a 401k retirement account sponsored through their employers is included in such assets. As such accounts are funded from their income, the contributions made to them when people are married are considered marital property. Yet given the tax implications inherit with retirement accounts, one might wonder a 401k is divided up between parties during a divorce. 

The 401k Help Center offers up the suggestion of not included it as a marital asset at all. One might do this by negotiating with their spouse to set aside their claim for a portion of another valued marital asset in exchange for that spouse relinquishing their claim to their portion of a 401k's contributions. Doing so would allow one to retain full ownership of their account. 

Fathers in Indiana have parental rights in regard to their biological children. This is true regardless of whether or not you are married to your children's mother. However, we at Robert Schembs know that the law makes different assumptions as to the paternity of children born out of wedlock than of those born within it. If you and the mother of your children have never married, you must take legal steps to establish paternity of your children in order to protect your parental rights in the event of a split between you and your significant other. It is best to do this as soon as possible after the child's birth to avoid future difficulties in family court. 

According to Consumer Affairs, it is usually not necessary for you to submit to a DNA test and prove your biological link to your children in order to establish paternity. Only in cases in which the paternity of the child is in doubt does the court require such drastic measures. If you and your significant other both acknowledge that you are the father of the child, all you have to do is sign a legal document attesting to the fact. 

Most people in Indiana probably know at least one couple or one person that has gotten divorced. No longer an uncommon or even a taboo experience, divorce is still something that most people would say they would rather avoid. It is also something that many people hold misconceptions about. One of those misconceptions is about how many divorces happen in America today. 

When looking at any set of statistics, it is important to put some context around the data. When it comes to divorces, some reports focus on the number of divorces and some focus on the percent of the population that has been divorced. These are two very different things and they tell very different stories, especially when one considers the population increase that has occurred over generations.

Many in Indianapolis may have a number of misconceptions about alimony (or, as Indiana state law calls it, "spousal maintenance"), chief among them being the ideas that alimony is automatically awarded in any divorce case, and that it is always awarded to the wife. This misunderstanding may come from the notion that alimony is in some way meant to be punitive towards the spouse who makes the most money, or the one whose actions contributed to the end of a marriage. In reality, alimony is simply meant to be a temporary means of financial support. 

Courts typically only award the financially disadvantaged spouse in a divorce case maintenance to help support themselves while they seek to secure gainful employment. Section 31-15-7-2 of Indiana's state code says that situations where physical, psychological or mental issues prevent one spouse from working, or where one parent is forced to forego a career in order to care for a physically or mentally challenged child are examples of when maintenance can be considered. State family courts will also take into consideration the struggles one spouse may encounter in finding reliable employment (due to either a lack of skills or having postponed career training to see to the family's domestic responsibilities). In either case, the awarding of alimony is not automatic, nor is the obligation to pay it typically made indefinite.