Buyout Rate for portion of IRA for divorce

[pmd1117]

My husband and I are 48 and getting divorced and since he has a much higher value of his IRA due to premarital contributions I'd like to buy him out of some as due to genetics I have a much longer life expectancy.  His portion of IRA after divided from divorce would be around 1,030,000 so by the time of his retirement with further contributions and investment income he'd be in at least 32% tax bracket if took minimum distributions.  Also tax rates will probably increase in 22 years.  If I wanted to buy him out right now of 300,000 of the IRA what % discount should I get (would it simply be 300K * (1-.32) )= $204,000 plus perhaps a 8-10% incentive since it's IRA $$???   so $225K??  I'll also probably be in same tax bracket when retire.

[Bsch4477]

You should seek counsel from a financial advisor 

[Opus 17]

No one here is really qualified to answer that question. I would point out, having gone through my own divorce, that depending on your state laws, you may not be entitled to any of his premarital contributions or their resulting gains. On the other hand, if you stayed home and raise children and were denied your own income, one could make an argument that you deserved a larger share of the present value of the retirement account.  This is why you pay an attorney.  

Depending on your state law, and which judge your case gets assigned to, there will be some formula that is routinely used, and that’s what you should call “easy money.“ If you think you deserve more, that’s “hard money“ because you will probably have to go to court and fight for it, and you have to consider the emotional and financial cost of doing that.  Your attorney should be advising you on all of this.

[pmd1117]

Thank you, we are mediating it and splitting marital assts 50.50.  Premarital assets are sepsrate and not involved.   IRA split is 50/50 but because he has significantly more I was hoping to buy him out of some of his as he has higher paying job and will be continually contributing and I haven't worked in 18 years so need to go to school then job so will be behind on IRA funds .  Yes I will talk to financial advisor