Typically, and in Virginia especially, all marital assets are looked at regardless of whose name they are in. If the wife has an IRA of $20,000 and the husband has an IRA of $10,000, our courts will generally, and people also generally agree to, equalize them so that they each end up with $15,000, which would require a rollover from the wife to the husband of $5,000 in the IRA. Typically yes, there are all marital assets.
Carolyn Grimes is a family lawyer at the law firm of Wade Grimes Friedman Sutter & Leischner PLLC in Alexandria, Virginia. To learn more about Grimes and her firm, visit www.oldtownlawyers.com.