i am in the process of using my ira to purchase a house in full. i want to leave my husband and live there in another state.can he take half and i would lose all my retirement saving? i did aquire the 401k that was rolled into the ira before i was married. i know that we have to live apart for 1 year, and i need a place to live. what can i do to protect my future?. im 60.we are not separated at this time and he is unaware of my plans. but im in an abusive marriage and have to leave. thank you
It is possible he would have a marital interest in your IRA. Your best bet is to be able to prove that all of the money in there can be traced directly to your separate funds from prior to marriage. If there is money that cannot be traced to that 401(k), then he will possibly have an interest in that portion. I suggest you meet with an attorney to protect your interests.