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-   -   Divorce settlement 1099? (https://www.askmehelpdesk.com/showthread.php?t=524060)

  • Nov 8, 2010, 01:28 PM
    suzyqrobbins
    Divorce settlement 1099?
    My husband cashed out his retirement account to give to his ex wife in a divorce settlement. As a result he received a big tax bill. He has been advised that he can 1099 her (she lives in England) since the money was paid to her? Is that correct?
  • Nov 8, 2010, 01:48 PM
    ebaines

    If the transfer of the 401(k) or IRA to the ex-wife was driven by a Qualified Domestic Reations Order (QDRO), then it's a non-taxable event to your husband. The plan administrator can handle this directly. However, if there was no QDRO, and especially if your husband took a withdrawal, then the bad news is that your husband now has a huge tax bill, which may include a 10% early withdrawal penalty. He can not simply palm that tax bill off on his ex. His attorney (he had one, right?) should have advised him of the complications here. See: Splitting the Retirement Accounts - Personal Finance - Marriage & Divorce - SmartMoney.com

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