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Unless you have a prenup that says the account is all your spouses, you probably have at least some claim on the IRA. If he started the account after you married, it's marital property. If you married after he opened the account but he contributed money to the account during the marriage, at least some of the assets are marital property. In a community property state, you are entitled to a 50 percent split of marital assets. In common-law states, the split doesn't have to be equal but it does have to be fair. So to answer your question, yes you are entitled to part of the IRA if it is considered marital property. That is also the same for all assets in the marriage, if they are marital assets you would have a right to a portion of them and most furniture in the house would probably be considered marital property.
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