QUESTION
For Utah: Does my husband get half of my pre-marital IRA/401K funds?
Asked on Aug 21st, 2015 on Divorce - Utah
More details to this question:
For the state of Utah, divorce: I have IRA/401K funds from before my marriage, documented by tax returns. After I got married in 2002, I opened a new IRA and rolled all my pre-marital IRA funds into it, in my name only. Later, in 2008, I rolled post-marital 401K funds into the same IRA. My husbands attorney says my pre-marital IRA funds were commingled with post marital IRA funds, so I have to give him half of all my pre-marital funds as well as half of the post marital funds. Of course, my attorney says I don't. Of course, both attorneys want us to keep fighting. My question is, what is the law? What is true here?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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The fact of the matter is that the answer depends upon the facts -- were the funds actually comingled. There is case law on this, and how the courts review the facts and make determinations. It all depends on the facts
Since you are questioning your current attorney, it shows that you are not entirely happy. In my opinion, your attorney should have taken the time to explain all of this, including providing you copies of the cases if you desired, so that you would fully understand the legal arguments and what is required. In that way, you can make a fully informed decision as to how you want to proceed.
Answered on Aug 28th, 2015 at 7:53 AM