GENERAL OVERVIEW: IRA division covers any individual provided IRA (Traditional, Rollover, or Roth) and any employer provided IRA (SEP, SARSEP, or Simple). A non-taxable IRA to IRA transfer in divorce is governed by IRC §§ 408(d)(6). An IRA division can be handled in the divorce judgment or in a separate IRC §§ 408(d)(6) Order (“408 […]
What should every family law attorney know about retirement benefits? What are the different types of retirement benefits? Why divide with a qualified domestic relations order (QDRO)? How does the family law attorney ensure survivor benefits? Does it matter whether the plan is a public or private plan?