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Posted

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

Posted

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.

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Posted

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.

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