![]() I have a good statement from about 1 month after the date of separation. I called several don’t have statements any longer. X still has not filed a QDRO and now my x employer has moved 401k plans 3 times. – Approximately how much is she entitled to (roughly based on the application of the formula)?Ĭalifornia divorce – 2010 and date of separation was 2007. – How is the Majauskas formula applied before retirement age? get this done now (it was a contentious divorce, we are no contact, the grapevine says she needs money now, and I’m seeking closure) I have no issue with paying the QDRO fee. – Can all (or only some) of this be completed now and before retirement age? (initiate and complete QDRO, divide 401-k and give her her portion) The wife shall obtain her share of the same by means of a Qualified Domestic Relations Order.Īs of Jthe balance of the 401-k is $100,000 The divorce decree states” the Wife shall be entitled to a Majauskas share of the husbands 401-k as of the date of commencement of the matrimonial action that was pending at the time such agreement was executed, to wit July 16 2018. ![]() ![]() I would like to divide my 401k and give my ex her portion as soon as possible. Then you can annuitize the IRA, taking monthly distributions based on your remaining lifetime.Īlthough IRA distributions before age 59-1/2 are usually subject to a 10% penalty tax, an exception applies if you annuitize the IRA and continue receiving the payments until you are 59-1/2 (and for a minimum of five years). If you don’t want to pay all those taxes up front (and who would?) you can choose to have the money sent directly to your IRA. You will have to pay tax on the money you receive, but there won’t be any 10% penalty if the money comes from a retirement plan other than an IRA. If you need money to live on now, you can elect to have the funds transferred from your husband’s plan directly to you, rather than transferring them to your IRA. Ordinarily, you can’t take money from your IRA without penalty until you are 59-1/2. Generally, a Qualified Domestic Relations Order (QDRO, pronounced “quadro”) would be used to transfer your portion of your husband’s plan to an IRA in your name. What’s the best way to handle this retirement plan distribution? I’ll need some of the money to live on, but I’m only 53, so I’m too young to receive retirement benefits. Advertising and Sponsorship OpportunitiesĪs a part of my divorce settlement, I am supposed to get a portion of my husband’s retirement plans.Individual Memberships, Donations and Sponsorships.
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