How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legaleagle Your Own Question
legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
4622441
Type Your Family Law Question Here...
legaleagle is online now
A new question is answered every 9 seconds

In a divorce, if a retirement account was started before the

This answer was rated:

In a divorce, if a retirement account was started before the marriage, and 25 years pass with only 2 deposits made into the account during the marriage, what percent, if any, will the court award from that account? Also, if that account was combined with a joint retirement account, how does the court consider the amount awarded from this account?

Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.

 

The court will figure out what percentage of marital income was put into the account. Example: You had $10K and deposited $1k twice for a total of $12k, so $2k is approx. 17%. Also you have to determine what gain was made after the first marital deposit and then after the second and determine a percentage of the gain that was part of the marital estate. If the separate account was joined with a marital account, you do the same calculation to determine what percentage was separate asset and what percentage is marital.

legaleagle and other Family Law Specialists are ready to help you