Am I entitled to the IRA money during a divorce if it was opened prior to the marriage? 6 Answers as of July 23, 2013

I opened and contributed to an Internal revenue allotment prior to my marriage in 2000. No money was ever added to the Internal revenue allotment.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
Property owned prior to a marriage, to which no contribution was made, and no change in the names on the property occurred during the marriage should be classified as separate property, not subject to division in a dissolution. You should consult with an experienced family law attorney to discuss your rights in community property, and how to verify that property is separate property.
Answer Applies to: Arizona
Replied: 7/23/2013
John Russo | John Russo
If you created it prior to the marriage, and then never funded it during the marriage at all, that means your employer never did either, so 0 funds went in during marriage it is separate property, not marital.
Answer Applies to: Rhode Island
Replied: 7/22/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
It appears that if you made absolutely no contributions during the marriage and you can show that the IRA contributions were solely made prior to marriage, then that IRA would be considered your sole and separate property. It does not get factored into the division of property during a divorce.
Answer Applies to: Arizona
Replied: 7/22/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
Any monies contributed to the IRA during the marriage is subject to "equitable distribution". If your spouse contributed to his/her account as much as you contributed to yours, it will most likely be seen as a "wash", and each will be allowed to keep what is in their own account.
Answer Applies to: New Jersey
Replied: 7/22/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
It is possible that will be considered a desperate asset. Need more facts.
Answer Applies to: Michigan
Replied: 7/22/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    The amount in existence prior to the marriage is separate property and the court cannot award it to your spouse. If the investment has earned interest or dividends during the marriage, that income is community property. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 7/22/2013
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