Q: In the state of Utah: I have 401K funds and IRA funds from before I was married. Are these all mine?
After I was married in 2002, I rolled all my pre-marital 401K and IRA funds into a new IRA that I set up. Later, about 2008, I rolled a post-marital 401K into the same IRA account. Does my husband get half of my pre-marital IRA/401K funds?
A: If you earn anything before the marriage it is yours. However, if you co-mingle marital funds with pre-marital funds your spouse may have a legal argument to make a claim. It would be good to contact an attorney to help you see the way your account is setup and protect your pre-marital assets.
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