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Divorce & Marital Planning

QDRO — Split a 401(k)/Pension Tax-Free in Divorce

A Qualified Domestic Relations Order splits qualified plans between spouses with no 10% penalty and no tax.

Overview

IRC §414(p) allows a QDRO to divide a 401(k), 403(b), or pension between divorcing spouses. The alternate payee can (1) roll to their own IRA tax-free, or (2) take a cash distribution WITHOUT the 10% early-withdrawal penalty (still ordinary income) — the only exception to the age-59½ rule that survives divorce. Draft QDRO alongside the MSA; plan administrator must pre-approve.

Best fit
Divorcing spouses with 401(k)/pension assetsUnder-59½ spouse needing cashAttorneys drafting MSAs
Estimated impact
10% penalty avoided + tax-free rollover option

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