1) The transfer to a taxpayer’s spouse pursuant to a divorce decree of 50% of each of three separate IRAs owned by the taxpayer from which the taxpayer had already begun receiving “substantially equal periodic payments” did not result in a modification where the taxpayer’s spouse was two...
LEGAL DEVELOPMENTS • QDROs, 404(c) Plans, and a Bear Market or The Incredible Shrinking Divorce DecreeLevinD. R.CRITICAL CARE NURSING QUARTERLY
When an IRA is to be divided due to a divorce, the divorce decree will specify this as a transfer of IRA assets incident to a divorce. With this magical language, the original owner of the IRA is allowed to direct all or a portion of the IRA account to his or her ex-spouse’s IRA...