JohnB5677
Expert Alumni

Retirement tax questions

Perhaps. When you get divorced your ex-partner may be entitled to a portion of your retirement. 

 

  • For a divorce decree that was signed up until December 31, 2018. payments would be deductible by you as alimony, and taxable to your Ex. Even if you write a check.
  • For divorce decrees signed January 1, 2019 or after, it is not deductible to the payor, and also not taxed to the recipient.  The amount on your 1099-R will be taxable to you.
  • However, if it was paid under a  QDRO - Qualified Domestic Relations Order, the plan will make payments directly to the ex-spouse, and they will get a separate 1099-R.

 

IRS Retirement Topics - Divorce

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