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IRA wasn't specifically listed in separation and divorce and now T.Rowe Price won't split it

Salisbury, NC |

My ex and I had an amicable separation and divorce. When I filed the initial papers with they lawyer, he forgot to include the IRA in the division of assets and we didn't notice. Before the filing my ex and I agreed that I would split the IRA that I accumulated during the marriage. We sent the papers into T.Rowe Price but they are saying that since it's not specificall stated they won't do it. Is there a law I can point to that will tip the balance? She needs her half and I want to keep to my word and get it to her without having to go back to a judge. Help?

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Attorney answers 1


There are as many ways to divide IRAs incident to a separation as there are investment companies. Find out what TRP needs. Then either amend the agreement and take the steps TRP requires or file a short "friendly" lawsuit and a consent order dividing the IRA. Consult with a family law attorney in your area using Avvo to locate him/her. It might cost some money, but it can get done.

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Thank you Bill. I appreciate it. Made the appt with an attorney for Monday. Thanks again!