We have a husband & wife who recently ( Legally ) Separated in the state of New York. They signed a Separation Agreement that was notarized but not decreed by the state. The agreement stipulates that $ 500,000.00 of his 401(k) be transferred to an IRA in her name. Being that a divorce is not pending and that there is not a “Decree of Legal Separation” but only a signed and notarized Separation Agreement, will there be an issue getting this transaction to completion?