- 2 - early distribution from his individual retirement account (IRA). FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. At the time the petition was filed, petitioner resided in Millburn, New Jersey. Petitioner was married to Kathleen O. Bougas (Ms. Bougas) on December 27, 1969. On July 11, 1996, petitioner and Ms. Bougas were separated. On April 6, 1998, in a Dual Judgment of Divorce Incorporating Property Settlement Agreement (divorce judgment) filed in the Superior Court of New Jersey for Monmouth County (New Jersey court), petitioner and Ms. Bougas were ordered divorced. The divorce judgment, inter alia, ordered petitioner to pay (1) a lump sum of $150,000 tax free to Ms. Bougas, (2) Ms. Bougas’s credit card debt of $46,714.41 to various credit card companies, and (3) a $10,000 attorney’s fee to Ms. Bougas’s lawyer. Further, the divorce judgment contains a provision that petitioner’s 401(k) and IRA accounts shall be his sole and exclusive property, free and clear of any claims by Ms. Bougas. No provision exists in the divorce judgment dictating that petitioner must pay the ordered obligations from his IRA account. The divorce judgment did not provide for a specific source of funds from which petitioner was required to pay his divorcePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011