We are divorced but there has been NO property settlement nor has there been any hearing whatsoever for ED. (Her attorney has dragged this out for over 2 years).
After I filed for divorce, based on my attorney’s recommendation, because we still lived in the same house, I removed all bank records and notified my wife I had done so, and told her she could have copies of anything she wanted. I stored them in a fireproof safe, in the locked basement of a friend’s home. She knew where they were.
Shortly after that, but well before the Date of Separation, as an investment, I took out $50,000 from my IRA, bought gold with it and put it in the same locked fireproof safe, in the basement of the friend’s house.
The IRA was derived from a pension plan and I know that in ED my wife can claim 50% of the value of the IRA as of DOS.
Two months later the house was broken into, the gold was stolen and never recovered.
I thought it was my loss because both the withdrawal and the theft occurred before the date of separation.
On my ED Inventory I reported the amount of my IRA as of the date of separation. I did NOT report the stolen amount, only the net amount of the IRA that was left in the IRA after my withdrawal (and as of DOS).
Questions: 1) Was I correct NOT to report that the $50,000 loss had been a part of my IRA (again, before DOS)?
2) Is that $50,000 taken into account in ANY manner in the ED process?
Finally, the fact is, while I was out of town and unreachable, my wife lied and convinced my friend that she had a key and that I had said she could retrieve some documents from the basement, so he did not stop her from entering the basement through an outside door. Out of his sight, she used a bump key to pick the basement lock to get into the basement and then she picked the lock on the fireproof safe and took all financial records AND the gold. She has admitted taking records but denies taking gold. Police were called and report filed but nothing was ever done to her relative to the stolen gold. Question #3 - Since she was involved as described above, does that affect your answers to questions 1 & 2 above?
Question #4 - Should her actions be brought up in an ED hearing?
My attorney says this situation is so unusual that he does not have answers to those questions,