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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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In a divorce, if a retirement account was started before the

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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?

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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.

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