RMD from 401k when divorced
A friend turned 70 this year. She has a 401k from her ex husband. Who is only 62 and still working at that company. The company says she can not take a RMD until he is 70. Is that true? Would she get in problems with the IRS. I would think she should roll over the 401k to a IRA.
Permalink Submitted by Alan - IRA critic on Sun, 2018-04-22 02:55
Per IRS Reg 1.401(9)-8 Q 6, the required beginning date for the alternate payee is that of the participant. Therefore, her RMDs do not start until ex is 70.5 or even later if he continues to work beyond 70.5. She may or may not be able to roll over her portion of the plan depending on the plan provisions.