Links-DIVIDING MARTIAL & NON-MARTIAL IRAs
Generally, if you obtain it after you're married and before you're divorced, it's marital. Even if a title is held in only one spouse's name, the property is still presumed to be marital. This includes non-physical property like stock options or even live insurance policies. (work on computer not cell)
If the IRA was opened during the marriage, it is considered a marital asset. If the IRA pre-existed the marriage, contributions made during the marriage with joint funds may be considered marital property. However, inherited IRAs are usually considered separate property unless commingled with marital assets.
Non-marital property and marital property are treated completely differently, and thus their classification is of paramount consideration. Non-marital property.
The increase in value during the marriage of the premarital portion of the wife or husband's retirement account must be classified as her nonmarital property.
Kentucky is a “separate property” state, in which each asset of married spouses is classified either as separate or marital. The separate (or non-marital) property belongs to one spouse because it was owned before marriage or received as a gift or through inheritance.
Link: Article-Marital Property and Retirement Accounts
Link: Case IRA – Premarital Contributions
Link: Article- Show me the Money: Tracing Pre-Marital Retirement Accounts in Kentucky and Ohio
Link: Article-Dividing Retirement Assets During a Divorce In Kentucky