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New Member
posted Jul 7, 2020 3:26:10 PM

I agreed to pay my ex-spouse a distribution from my 401k as part of our divorce agreement in 2019. Would the language in the divorce agreement qualify this as a QDRO?

What qualifies as a QDRO from a divorce?

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2 Replies
Level 15
Jul 7, 2020 3:37:22 PM
Level 15
Jul 7, 2020 3:57:11 PM

If the distribution was from your 401(k) paid to you and then you gave the money to your ex-spouse, it is not a distribution to an alternate payee under a QDRO, it does not qualify for that exception to any early-distribution penalty and you are the one responsible for the tax consequences of the distribution.