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February 27, 2009

Do the Qualified domestic relations order (QDRO) rules apply to IRAs


Do the Qualified domestic relations order (QDRO) rules apply to IRAs

I received some IRA assets from my former spouse as part of a divorce settlement. These amounts were transferred to an IRA in my name and social security number. I know that under the qualified domestic relations order (QDRO) rules, my distributions from such amounts under a qualified plan would be penalty free. Can I apply the same rule to an IRA?

No. The QDRO early distribution exception does not apply to IRA assets. Therefore, any distributions that you take from the IRA before you reach the age of 59 ½ will be subject to the early distribution penalty, unless you qualify for another exception


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