QUESTION
If my wife abandons our marriage, do I have rights to her IRA after using mine for the last 19 years of retirement to support us both?
Asked on Feb 27th, 2014 on Divorce - Louisiana
10 ANSWERS
Yes, under Minnesota Statute 518.58 "Upon a dissolution of a marriage ... the court shall make a just and equitable division of the marital property of the parties..." From the facts you state her IRA would be amongst the marital assets to be divided.
Answered on Mar 03rd, 2014 at 11:20 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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The answer will depend, in part, on when her IRA was established and earned. In Arizona you would have a community interest in her IRA if it was established with funds earned by her during the marriage. However, if she established the IRA prior to your marriage, and added no funds to it during the marriage, then it may be determined to be her separate property. What you should do is consult with an experienced family law attorney in your area to discuss these issues.
Answered on Mar 03rd, 2014 at 11:20 PM
Bruce Provda
That depends on how long you were actually together before the separation.
Answered on Mar 03rd, 2014 at 11:19 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Only a Judge can answer that question.
Answered on Mar 03rd, 2014 at 11:19 PM
You are each entitled to one-half of all assets acquired during your marriage. Get a lawyer or paralegal to help you with these kinds of issues. Good luck.
Answered on Mar 03rd, 2014 at 6:46 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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One-half and only after you are divorced and a QDRO is entered with respect to it. Talk with a local divorce attorney about it.
Answered on Mar 03rd, 2014 at 6:41 PM
You have a community property right to one half of the amount from date of marriage to date of separation.
Answered on Mar 03rd, 2014 at 6:41 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If a divorce or legal separation is filed, you would each be entitled to a division of all assets acquired during the marriage, including your wife's retirement.
Answered on Mar 03rd, 2014 at 5:05 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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All property (including retirment) acquired during the marriage is community property and must be fairly divided in a divorce.
Answered on Mar 03rd, 2014 at 4:10 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Any assets accumulated during your marriage would be community property. Therefore you'd be entitled to 1/2 of her retirement benefits that were paid in during that time.
Answered on Mar 03rd, 2014 at 4:10 PM