Do we each keep our own IRAs or do they get divided? 8 Answers as of January 22, 2014

Does it matter when they were acquired (prior to marriage/during marriage)? Can we agree on how to split our assets and not have the outcome affect the alimony and child support?

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John Russo | John Russo
Only the marital portion is divisible, if you where married in 2000, and started the IRA in 01, then it is all marital up to the date of divorce, and divided at least 50/50 in most cases. If you both have IRA's that are fairly equal most parties just waive the interest.
Answer Applies to: Rhode Island
Replied: 1/22/2014
J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
Yes you can make an agreement on the split of your assets. It should have no effect on alimony and child support.
Answer Applies to: Virginia
Replied: 1/22/2014
Kirby G. Moss PC | Kirby G. Moss
There is no alimony in most cases in Indiana and division of IRA's depends on many factors not stated in your question. However, parties can agree to most anything they choose, if there is full disclosure, when it comes to property division.
Answer Applies to: Indiana
Replied: 1/22/2014
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
How you treat your IRA's is really up to you. You can negotiate a division, a lump sum buyout/sellout, submit it for a Q ADRO analysis and recommendation.
Answer Applies to: Florida
Replied: 1/22/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You each get half of the other's that was acquired during the marriage. If one owes more than the other, you could have a balancing payment. Generally, the property settlement does not affect the child support. There is no alimony in Idaho, so I don't know about that.
Answer Applies to: Idaho
Replied: 1/22/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    IRAs and other retirement accounts are treated like any other marital asset. Any amounts that accumulated during the marriage, whether Husband's or Wife's, are divided up equitably (roughly 50/50) through the divorce process. It generally does not affect alimony or child support.
    Answer Applies to: Ohio
    Replied: 1/22/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You can always agree on any division you both desire. However, it's wise to meet with an experienced family law attorney to determine your property rights.
    Answer Applies to: California
    Replied: 1/22/2014
    Law Office of Robert E McCall | Robert McCall
    If there is no agreement between Husband and Wife then the Judge makes a decision.
    Answer Applies to: Florida
    Replied: 1/22/2014
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