Retirement Investments

[not2cleverRed]

What is the name of your state (only U.S. law)? NY

I have an standard IRA and a very small retirement fund from before I married. I have not made a contribution to the IRA since marrying, and haven't worked. How is this treated?

 

[mistoffolees]

What is the name of your state (only U.S. law)? NY

I have an standard IRA and a very small retirement fund from before I married. I have not made a contribution to the IRA since marrying, and haven't worked. How is this treated?

Your stbx would be entitled to 1/2 of the gains in the IRA's value during the marriage.

 

[LdiJ]

Your stbx would be entitled to 1/2 of the gains in the IRA's value during the marriage.

I disagree. It was separate property and was not maintained or supported or comingled with any marital property. Therefore it remains separate property.

 

[not2cleverRed]

True: IRA was not maintained or co-mingled with marital property. STBX is against any investment that is not FDIC insured. Is there a difference between how traditional versus Roth IRAs are treated?

The marriage was in 2001, so less than 10 years.

STBX's retirement fund was exclusively during the marriage. Was worth $6,000 when he last worked (2005) and has probably only gone down.

 

[LdiJ]

True: IRA was not maintained or co-mingled with marital property. STBX is against any investment that is not FDIC insured. Is there a difference between how traditional versus Roth IRAs are treated?

The marriage was in 2001, so less than 10 years.

STBX's retirement fund was exclusively during the marriage. Was worth $6,000 when he last worked (2005) and has probably only gone down.

Premarital retirement assets remain separate property if not comingled. Retirement assets that accrued during a marriage are marital property.