Hello. I am recently divorced (clerk of court signed Absolute Divorce) and am trying to transfer part of my HSA account to my wife’s HSA account per the separation agreement (SA).
The SA is a valid signed and notarized agreement but the trustee is requiring a Court-Approved Separation Agreement.
My reading is that the signed and notarized SA is fully enforceable in court and the IRS does not specify that the SA has to be “court-approved”.
What are my options here?
Thanks.