What happens when one spouse puts nonmarital funds into an IRA of the other spouse?
A. 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 nonmarital 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 the recipient spouse’s nonmarital property upon divorce.
