How do I claim IRA funds after a divorce?

Marriage / Divorce, IRAs
Sort By:
Most Helpful
February 2017
50% of people found this answer helpful

This should be pretty straight forward. As long as this is an IRA and not a 401(k) or other workplace retirement plan, you should be able to have your share released to you with just a copy of the divorce decree. If it is an active workplace plan such as a 401(k), you will need a QDRO or Qualified Domestic Relations Order which must be drafted by an attorney. If you don't have an IRA in your name established yet, you will need to to do that. It can be opened where your ex's IRA is or you can choose a different custodian.

To eliminate any taxes or penalties on your share, you want to do a direct transfer from your ex's IRA to yours. If you take it in cash, you will be subject to taxes and a possible penalty.

Good luck

February 2017
February 2017
February 2017
July 2017