Our IRA is being divided per our separation date. ED papers signed 20 months later. How does the investment experience relate? Spouse claims he gets all the investment experience from dos to signing of paperwork. I claim that the investment experience is shared. What is the law? Thanks
It depends on how the parties agree to divide the account. An account can be divided as of the date of separation and include passive gains and losses or it can be divided based on a set dollar amount and not include gains and losses. The agreement that was drafted should include language that indicates whether the gains/losses will be divided between the parties.