qdro

my clients, both divorce attorneys, have gotten divorced. Per the agreement, the wife has to transfer to the husband $51,000 from her 401k . Both have IRA accounts with SmithBarney. She was going to simply transfer the money from her IRA account to his. Do they need a QDRO to avoid a taxable event? She seems to think not because it is a IRA to IRA transfer. I told her I would check with you. Thanks



Your first sentence indicated that the transfer was from a 401k. Any transfer from a qualified retirement plan requires a QDRO, but an IRA to IRA transfer does not. An IRA to IRA transfer can be done per the specs within the divorce or separate maintenance decree or other written document related to the decree.



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