I am in the midst of a separation and my spouse is requesting 50% of all marital assets determined by a QDRO. My question is, I rolled over a 401K from an old employer into a traditional IRA during our marriage. All proceeds that were contributed to this 401K prior to the rollover were made “pre-marriage.” Once it was rolled into a traditional IRA, I did not make any more contributions. Based on this situation, would my spouse be eligible for half of these assets?
Any retirement that was earned prior to the date of marriage is considered separate property and not subject to division. Any contributions to this IRA that were made during the marriage (and it sounds like there were none) would be considered marital property and could be divided evenly.