QDRO
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New Member

QDRO

I'm divorce in 2018, in 2019 my wife filed for a QDRO, in March of that year until October I paid by check each month. In Nov. it start coming directly form my retirement account going directly to her by check. Can I deduct that money I paid from Mar. to Oct. from my gross retirement income?

2 Replies
Level 15

QDRO

Ok what you are describing is ALIMONY that you can deduct for the time you were paying it directly from your pocket.  Once the QDRO happened you will each get your own 1099-R for the distribution. 

Employee Tax Expert

QDRO

In order for the QDRO payments to be deductible as alimony,

  • It must be specifically classified as such in your divorce decree  
  • Also, the payment must be in cash. 

Benefits paid under a QDRO to the plan participant's former spouse generally must be included in the former spouse's income. If the participant contributed to the retirement plan, a prorated share of the participant's cost (investment in the contract) is used to figure the taxable amount. Divorced and Separated Individuals  Page 19

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