My SEP is funded with a fixed annuity purchased and funded in South Carolina. I now live in Ohio and am getting divorced. What protection (if any) do my funds within my SEP annuity have from assets being divided?
1 Answer from Attorneys
If the divorce was properly filed in an Ohio Court, then the court will divide the assets and liabilities of the spouses into two categories, marital and non-marital assets (and liabilities) and then divide the marital assets and liabilities between the parties in a manner that the court determines is equitable.
If some or all of the retirement account in South Carolina is determined to be marital property, then it is subject to division through a QDRO. If your spouse had a similar amount in her retirement account, then it is very possible that the court would just let you walk with yours and he/she walks with hers.