North Carolina Divorce Lawyers Blog

Articles Tagged with IRA

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WELCH V. WELCH, 2023-NCCOA-______ (2023) 

  1. Facts: Plaintiff and Defendant married in 1981. In 2007, the parties initiated divorce proceedings, including filing for equitable distribution (ED). In 2008, the parties entered into a consent judgment wherein marital property was distributed. One such item was an IRA at Charles Schwab. Pursuant to the parties’ consent judgment, each party was supposed to receive half of this IRA. This never happened, and eleven years had passed by the time Defendant realized it. After exhausting remedies under contempt and the rules of civil procedure due to being time-barred by the statute of limitations, Defendant moved for the entry of a domestic relations order (DRO) under the ED statute. This too was denied by the trial court, citing the ten-year statute of limitations. Defendant appealed. 

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Kirkpatrick v. Comm’r, T.C. Memo. 2018-20, 2018 WL 1040955 (2018)

 

(a) Facts: The wife sued the husband for divorce in Maryland.  A Maryland court issued a pendente lite order, providing for temporary support.  In addition, the order required the husband to “transfer to Ms. Kirkpatrick the sum of One Hundred Thousand Dollars ($100,000.00) directly (and in a non‑taxable transaction) into an IRA appropriately titled in Ms. Kirkpatrick’s name” and to “pay to the Plaintiff a lump sum of Forty Thousand Dollars ($40,000.00) . . . for Pendente Lite Attorney’s Fees and Suit Money.”  2018 WL 1040955, at *4.  The parties were eventually divorced.

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