Divorce and IRA contributions

Clients divorce was final at the end of May, 2011. She is 67 and has not been employed for five years. She receives social security, has rental property income and receives income from the state for her disabled foster child. Her ex husband is (and has been) employed, she contributed to a traditional IRA in 2010, and has been contributing (about $1,800/yr or $150/month) to a Roth IRA (which will remain hers.) She has been making those contributions up to now. Here are the questions: Am I correct in assuming that the type of income she receives would preclude her (as a single person) from contributing to her traditional or Roth account? As the divorce was final in May, doesn’t that mean she will be considered divorced for ALL of 2011 and would therefore be ineligible to contribute to either IRA? If this is true, what is the procedure to withdraw her 2011 contributions of approximately $900 for this year and the consequences for doing so? Thanks in advance!



You are correct. Unless she will be receiving alimony or separate maintenance payments, she has no earned income for making regular IRA contributions. Further, a spousal contribution from spouse’s income before the divorce is not possible either because they cannot file jointly this year with the divorce effective in 2011.

Therefore, she should ask her IRA custodian for a return of her 2011 Roth IRA excess contributions. The custodian will calculate the earnings and refund the earnings adjusted amount to her. Any Roth earnings will be taxable in 2011. There is no penalty since she is over 59.5. She will get a 1099R showing the excess contribution distribution next January. The 2010 contributions can remain and are not affected.

Can’t tell from your post whether any IRA accounts were transferred per the divorce between the spouses.



Thanks, Alan! And the answer is, no, there were no IRA transfers between them, nor will she be receiving any alimony or other payments from the ex.



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