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QDRO-related 401(k) distribution and partial year residency

Hi there! I will be receiving a 401(k) distribution under a QDRO as a result of a divorce. I am planning to take it (or part of it) as a lump sum to enable me to purchase a new home. However, I am trying to determine the right timing to take the distribution. I currently live in a state without income tax and am likely moving to a state with income tax. If I receive the lump sum distribution before I move to the state with income tax, will the distribution be subject to state income tax? For example, if I receive the distribution in February 2024 while living in Nevada but then move to Maryland in July 2024, will the portion of my income I received as a distribution be taxed by Maryland? I have the opportunity to take the distribution prior to the end of 2023, but will then be ineligible for a first-time homebuyer program in 2024 as my income (as reflected on my 2023 return) will be too high, so I am trying to weigh my options. Thanks in advance for your consideration and help!

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4 Replies

QDRO-related 401(k) distribution and partial year residency

I will page @dmertz

dmertz
Level 15

QDRO-related 401(k) distribution and partial year residency

The distribution is income in the state in which you are a resident at the time of the distribution.  You could potentially take the distribution in 2024 before changing your state of residence later in 2024, avoiding the increase in your 2023 income that would occur by taking the distribution 2023 and also avoiding state income tax on the distribution.

QDRO-related 401(k) distribution and partial year residency

That is just what I was hoping to hear. Thanks very much - I am so grateful for your quick help!

QDRO-related 401(k) distribution and partial year residency

Thanks so much!

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