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Husband & wife plan, now divorced


BG5150

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I just wan to make sure I'm getting this right.  I have restatements on the brain, and I'm having trouble shifting gears lately.

Husband and wife plan, husband owns 100%. Assets over $250k.

2020 divorce is final.  QDRO effective 10/1/2021. (shouldn't matter)

Filed an EZ for 2020.

What about 2021?  Is the plan now subject to ERISA since it no longer only covers husband and wife?  Pooled account, non-traditional assets, so they have to get a bond for 100% of those assets.

Side note:  If a plan covers the owner who is still working and a spouse who no longer works for the company, is it still a one-participant plan?  I just found out she left employment in 2016.

QKA, QPA, CPC, ERPA

Two wrongs don't make a right, but three rights make a left.

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