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Guest Kevin A. Wiggins

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Guest Kevin A. Wiggins

I was told there is a case that says if (1) a spouse creates an IRA prior to the marriage and (2) makes no contributions to the IRA during the marriage, then (3) all of the assets in the IRA constitute separate property – even the interest and dividends arising from the investments. Usually, interest and dividends that arise during the marriage from separate property constitute community property. Does anyone have any thoughts or know of the case? Would it be different for a retirement plan?

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