Legal Question in Family Law in New Mexico

If one's IRA was acquired during the marriage then the court could have divided the property upon divorce. If the divorce was granted and the property had been awarded to one party then it may not be possible to subsequently divide it. If the divorce was granted and the property had not been divided then it is possible for the court to subsequently divide it but there would have to be some proceedings with some specific findings by the court. This is a fairly complex area of law and your best guide through the complexity would be legal counsel.

Good Luck

Law Guru

Pensions, 403B's, 401k's and IRA's are divided using a device called a QDRO - Qualified Domestic Relations Order. Most institutions and employers that sponsor these have an online service that lets you download the QDRO paperwork. They basically split the money according to a formula that divides the portion earned during the marriage and treats accumulatons before or after as separate property. The split is reviewed by the institution's attorney, then a QDRO is prepared for the Judge to sign, an order that directs the institution to split the money. Then the account balance is split and a new account created for the non-employee spouse.

As John says, it's really important to get legal advice in this phase of the divorce.