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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.

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.

LinkArticle-Marital Property and Retirement Accounts

LinkCase IRA – Premarital Contributions

LinkArticle- Show me the Money: Tracing Pre-Marital Retirement Accounts in Kentucky and Ohio

Link: Article-Can your Individual Retirement Account (IRA) owned before marriage be classified as marital property in a divorce?

LinkArticle-Dividing Retirement Assets During a Divorce In Kentucky