IRA's or Retirement Funds


#1

My husband and I are trying to reach a settlement. He is claiming that his retirement fund should be totally his to keep because he had it before we were married. Actually, he was working for the company that he received the funds from before we were married and when we were married and he quit the job while we were married. My husband is claiming that he should receive half of my retirement fund saying that it is joint property. Actually, I was working for the company that I received the funds from before we were married and when we were married and I quit my job while we were married. The only difference is, I stayed on my job fifteen and one half years longer than he stayed on his job before he quit it. How would the law rule in this matter?


#2

It sounds like both retirement accounts contain both marital and separate property. The separate portion would be calculated by determining the balance at the date of marriage as well as the passive increases/decreases on that portion throughout the marriage. The remaining portion (that earned during the marriage or the passive gains on that portion) are marital and subject to equitable distribution.