When people get divorced what is it called when the IRA funds are transferred to the other person?
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Filed under: Retirement Planning
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The Federal government allows couples to split an IRA account, with no tax penalty, only under two conditions. First, the transfer has to be a part of the formal divorce decree. In other words, the split of an IRA account has been court-ordered. Secondly, you must transfer the funds from the one IRA account directly into the other partner’s IRA account. You cannot turn the funds into cash during the transfer or there will be a 10 percent tax penalty and income taxes due on the "cash out" amount charged to the original IRA account holder.
See here: http://www.divorcenet.com/states/texas/dividing_ira_assets_upon_divorce