Once there is an ED and I will be giving a percentage of my retirement funds, can I subtract her share of the taxes I will be paying until the QRDO takes effect? We will both be filing separately for 2016.
I’m not sure what you mean when you are asking to deduct her share of the taxes, can you expand on that?
If you have a signed agreement or court order in place addressing ED, and it provides an amount or percentage you will need to provide by QDRO, you can’t unilaterally reduce that amount. You and your former spouse would have to agree to any changes to that percentage or amount unless the original order or agreement allows for this sort of an adjustment.