If I receive a portion of my spouses’s 401(k) pursuant to a QDRO agreement, am I then able to rollover my own personal IRA into the 401(k) account I received due to the QDRO? I am under 59.5 and would like to be able to avoid the 10% early withdrawal penalty on my IRA account by rolling the funds over into the 401k account if that’s possible?
You may be able to roll your QDRO retirement funds into your current retirement account. Check with the plan administrator of your current retirement account. Also, when your spouse’s retirement account is ready to be divided, that plan administrator will contact you about where to put the funds.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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