Guest rmyoung Posted November 13, 2002 Posted November 13, 2002 Is an ex-spouse of an over 5% owner who has a balance in the plan considered to be a Key employee?
Guest greggi39 Posted November 13, 2002 Posted November 13, 2002 the erisa outline book states that if the spouse is legally seperated under a decree of divorce, there is no attribution.
AndrewZ Posted November 13, 2002 Posted November 13, 2002 For the year of the divorce, ex-spouse is still a Key employee through attribution. After that he/she is a "Former Key" employee and is disregarded for Top Heavy testing. Andrew, ERPA, CPC, QPA
R. Butler Posted November 13, 2002 Posted November 13, 2002 There is no attribution between owner and the ex-spouse, but that doesn't mean. She could be key for another reason.
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