Legal Question in Family Law in California
I received a small cash settlement related to an employment issue while I was married. I put the money into a ROTH IRA when I received it. I have since divorced. Do I have to give half to my ex-husband?
3 Answers from Attorneys
The answer is probably, yes, however, more information is needed to determine whether it should be divided. It would be somewhat in the discretion of the judge. You should get a consultation in order to get a determination of whether it is community property or is separate property.
You would if it is community property. It sounds like it might be community property from your post, because it may have been for income earned during the marriage, which would be community property. You should at least get a consultation in depth on the issue.
IF it is determined that it is community property than yes if it is separate property than no