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Can my husband get any of an IRA in our divorce?

Fouke, AR |

My first husband just passed away. I have been informed that I am the sole beneficiary of an IRA that he had. I'm just starting the process of divorcing my second husband. Can I keep my husband from getting any of the IRA in the divorce?

Attorney Answers 3


You will want to ensure that you do not co-mingle any of the funds you receive from the IRA with any money earned during your second marriage or held jointly with your second husband.

If you do not mix the monies, the funds from the IRA will not be considered marital property.

This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.

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if you are represented by an attorney for your divorce-you should ask your attorney.
Inherited assets that are not co-mingled with a spouse are usually not marital assets.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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The other two attorneys are correct.

If the property was obtained during your marriage (inherited during the marriage), then the property is presumed marital property. This presumption can be overcome by showing the property was obtained by gift, device, or bequest. In this case, a bequest. Thus absent co-mingling, the property would be separate property.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

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