Which portion of my IRA and/or Roth IRA is considered marital property, if at all?

UPDATED: Apr 4, 2012

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Which portion of my IRA and/or Roth IRA is considered marital property, if at all?

I have a rollover IRA with 200k and a RothIRA with 50k. I have not made any contributions to either account for 13 yeras. I was married 7 years ago, the value of the rollover IRA at time of marriage was 210k but there was no Roth IRA. Then 2 years later , the rollover IRA grew to 260k and decided to do a 60k Roth IRA conversion. A month after that, I took a distribution of 10k (with 10% penalty) and transfered it into my individual bank account, in my name only, which I have owned since before the marriage. The account was used to pay bills and make purchases over the years but now it is idle.

Asked on April 4, 2012 under Family Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your question is a major law school question. If the IRA and Roth IRA were in your name before you married, and you never contributed any money to it during your marriage, then the two accounts are your separate property assuming only your name is listed on both of the accounts.

Since you have not made any contributions to the two accounts for 13 years and you were married 7 years ago, the two accounts would seem to be your own separate property assuming the accounts are in your name alone as separate property.

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