Basically Posted March 17, 2023 Share Posted March 17, 2023 Bob the doctor has a plan. He and his wife are divorcing. She gets a payout ordered by a QDRO. Can her payout be rolled into her own plan? (she sponsors a single member plan of her own). Thanks Link to comment Share on other sites More sharing options...
Bill Presson Posted March 17, 2023 Share Posted March 17, 2023 Why couldn't it? William C. Presson, ERPA, QPA, QKA bill.presson@gmail.com C 205.994.4070 Link to comment Share on other sites More sharing options...
Peter Gulia Posted March 17, 2023 Share Posted March 17, 2023 If, following a qualified domestic relations order, the participant’s spouse or former spouse is treated as an alternate payee and distributee, that distributee may make a rollover (including a direct rollover) to an eligible retirement plan. I.R.C. § 402(c)(1), 402(e)(1) https://irc.bloombergtax.com/public/uscode/doc/irc/section_402. Bill Presson 1 Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com Link to comment Share on other sites More sharing options...
Basically Posted March 17, 2023 Author Share Posted March 17, 2023 Bill, I was of the thinking it could but simply overthought it. Appreciate both of your responses! Bill Presson 1 Link to comment Share on other sites More sharing options...
fmsinc Posted March 18, 2023 Share Posted March 18, 2023 IRS Rollover Chart.pdfIRS Rollover Chart.pdf Link to comment Share on other sites More sharing options...
JM Posted March 20, 2023 Share Posted March 20, 2023 The only thing I would add is that a retirement plan can be set up to not allow rollovers from other plans. Rare for sure but I've seen it! I would be surprised if wife set up her separate retirement plan to not allow rollovers but she should check the fine print just to be safe. Link to comment Share on other sites More sharing options...
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