QUESTION
Is an IRA accumulated prior to marriage subject to equal division?
Asked on Feb 21st, 2013 on Divorce - California
More details to this question:
Is my Internal Revenue Allotment accumulated prior to marriage and not contributed to during the marriage subject to equal division? How about it's increase in value over the 12 years?
4 ANSWERS
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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The original IRA is non-marital. The increase may or may not be marital. Call. We can help.
Answered on Feb 25th, 2013 at 1:20 PM
John Arthur Smitten
no. that is non-marital property
Answered on Feb 25th, 2013 at 4:33 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Internal revenue allotment. IRA is a retirement account and if you prove you made no contributions during marriage and can prove that it was yours prior to marriage, you can probably prove to the court it is your separate property and so not subject to equal division.
Answered on Feb 24th, 2013 at 11:42 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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It sounds as if the I.R.A is entirely separate because there were no active contributions during the marriage.
Answered on Feb 24th, 2013 at 11:40 PM