Legal Question in Family Law in Utah

I am thinking about opening a Roth IRA in my wife's name and funding it with my money. If we get divorced in the future, do I have claim to that money since I funded it?


Asked on 1/29/10, 10:26 am

2 Answers from Attorneys

Cory Wall Cory R. Wall, Attorney at Law, P.C.

It doesn't matter in whose name a retirement account is held. Any monies deposited into a retirement account and any retirement benefits accrued during marriage are marital property and, in the event of a divorce, will be divided equally.

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Answered on 2/03/10, 10:36 am
Alvin Lundgren Alvin R. Lundgren, L.C.

You would have to prove in the future that it was not a gift or donation to your wife, otherwise it could be construed as her separate property. If your wife will sign an acknowledgment that the money is your separate property that she is holding for you, then you might escape a problem. It might be wise for you to consult with an attorney or financial expert to assist you for whatever reason you have to transfer the money.

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Answered on 2/03/10, 12:36 pm


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