Legal Question in Family Law in Virginia

Is an inherited IRA considered maritial property since it is a retirement account?


Asked on 1/12/10, 10:44 am

2 Answers from Attorneys

sheryl shane sheryl shane, attorney at law

This is a complex question. You need to hire an attorney. If it was inherited, was it kept separate and apart from marital property. Any commingling of it with assets. From who did you inherit. Where? When? Are you in process of divorce? Etc.

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Answered on 1/17/10, 12:53 pm
Paul B. Ward Law Offices of Paul B. Ward

The fact that the inheritance is an IRA does not alter the determination of whether it is marital property. If it was inherited from someone other than the spouse, and was kept separate, and was not managed by the divorcing spouse, it's probably yours to keep.

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Answered on 1/18/10, 9:11 am


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