Legal Question in Family Law in Oregon

YES, her attorney is correct. Had the account been actually divided in half on April 1, 2009, her half, as well as your half, would have most likely incurred gains and/or losses subsequent to April 1, 2009.

Suppose you had a savings account with a $10,000 balance on April 1, 2009 (time of divorce), earning interest at 5% . Divorce decree says "Respondent is awarded 50% of Petitioners $10,000 savings account, division date of April 1, 2009." However, actual division does not occur until eight month later, when the savings accoung balance has increased (due to accrued interest) to $10,330. If only $5,000 is actually transferred to wife, it means that you get $5,330. There is no logical or rational reason for allowing you to keep for yourself ALL of the accrued interest, including that portion that, in effect, was earned by her share of the account during the period of time that the account remained inact and undivied.

Same concept applies to the IRA The fact that the actual transfer does not occur until many months after the "division date" does not mean that the other spouse is not entitlted to her pro rata share of interest, dividends, gains, and losses on the portion awarded to her by the court.

More info at:

http://ldgorin.justia.net/article_38-1504213.html

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.html

Law Offices of L.D. Gorin

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Portland, Oregon 97201

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