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0 tracked cards Supplemental - Not MEE July 2026

During a 16-year marriage, one spouse earned wages and contributed part of those wages to a retirement account titled only in that spouse's name. At divorce, the employee spouse argues that the account is separate property because the other spouse never worked for the employer.
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The account is generally marital property because it was earned and funded during the marriage, even if only one spouse's name is on the account. The account is marital property only if both spouses signed the employment contract. The account is separate property because title controls classification in every equitable-distribution state. The account is automatically awarded entirely to the lower-earning spouse.

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