Transfer of Roth IRA before Temporary Hearing

[homeinlanta]

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

My wife and I are in the beginnings of a divorce, but we are not scheduled to go to a temporary hearing until February.

Can she transfer her Roth IRA assets from one brokerage house to another if there is a Domestic Standing Relations Order in place that supposedly prohibits her from doing so?

She also had cancelled my auto insurance policy that was in her name, and transferred it into another new account without my authorization before she did so, and took the premium that I had already paid up for 6 months and credited it towards her current account and now makes me have to pay another 6 month premium on my other two cars. The car that she drives is not titled in her name, but in a business name, but the insurance company (USAA) said they did not care as long as she paid the premium. Is this legal? She is not an authorized driver of the vehicle, but I have yet to take the car back from her because she has my daughter and has to have something to drive, otherwise I wonder what the judge will say to me if I take the car from her, which I really want to do, but know that something like that will not look good for me, and one that I really don't want to look bad in front of a judge, no matter how bad she is treating me and my son.

We were married 20+ years, and soul mates, atleast I thought. Oh well.

Any thoughts from anyone would be apppreciated.What is the name of your state (only U.S. law)?

 

[mistoffolees]

Technically, the IRA transfer is a violation. Whether it's serious enough to worry about depends on the details.

For example, if she switched it from an account with you listed as beneficiary into an account that had no links to you, it would be a problem. If, OTOH, she simply switched brokerages for some good reason and nothing changed, then it would be a violation, but 'no harm, no foul' might apply.

The insurance would be a clear violation.

 

[homeinlanta]

Technically, the IRA transfer is a violation. Whether it's serious enough to worry about depends on the details.

For example, if she switched it from an account with you listed as beneficiary into an account that had no links to you, it would be a problem. (I guess that I am going to have to find out thru discovery where she transferred it to, and then find out if she removed me as beneficiary). I am the one that funded that account.

If, OTOH, she simply switched brokerages for some good reason and nothing changed, then it would be a violation, but 'no harm, no foul' might apply.

The insurance would be a clear violation. We have filed 3 motion of contempts on her, adn the temporary hearing is set for Feb 3.

 

[LdiJ]

Technically, the IRA transfer is a violation. Whether it's serious enough to worry about depends on the details.

For example, if she switched it from an account with you listed as beneficiary into an account that had no links to you, it would be a problem. (I guess that I am going to have to find out thru discovery where she transferred it to, and then find out if she removed me as beneficiary). I am the one that funded that account.

If, OTOH, she simply switched brokerages for some good reason and nothing changed, then it would be a violation, but 'no harm, no foul' might apply.

The insurance would be a clear violation. We have filed 3 motion of contempts on her, adn the temporary hearing is set for Feb 3.

I will also throw something out there about the cars. You can expect that she is going to end up with one of the cars, even if you have titled them in your business name for one reason or another. That's one thing that is pretty much a given in any divorce, that each party ends up with at least one car, unless they only owned one car to start with.

You were married for 20+ years and any assets (and of course debts) that accrued during that period are going to be marital assets, so it really doesn't matter how things are titled or who funded what. The only exceptions to that are premarital assets, inherited assets or gifts that have been kept separate.

Also, if cars that you are driving were insured in her name that might be problematic.