Legal Question in Family Law in Minnesota

I am going through a divorce and my ex had indicated that one rrsp and one LIRA (another pension account) is exempt from distribution. I know that the LIRA money was largely earned prior to the marriage - but that money was taken out of the original pension and then transfered into a LIRA during our marriage. and I think the RRSP money is a similar situation - where it was in a pension but my ex opted to take it out and reinvest it during our marriage. Would I be eligible for some of this money?


Asked on 2/08/13, 6:36 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Maybe. The account would have to be reviewed. There is an argument to be made that the reinvestment of funds constituted active appreciation and, as a result, any increase over the term of the marriage is marital. That argument is weakened if there was only one transfer and one manipulation during the marriage. The question is whether the presumed increase n value warrants the expenditure to challenge the non-marital characteristic.

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Answered on 2/08/13, 6:40 am


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