NOTICE: None of these questions and answers constitute legal advice. To obtain legal advice, consult with an attorney. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.
One spouse’s creation of an individual retirement account or IRA solely in the other spouse’s name but primarily with the contributor spouse’s non-marital funds may indicate the contributor spouse’s intent to make a gift to the recipient spouse, and to relinquish equitable interest in the funds. The contributor spouse’s conduct may support classification of the IRA as martial property.