HomeSite Map Contact Location & DirectionsAbout Us Download Forms Ask QuestionVideos

Usual Fees:  $275 for 401(k), 403(b), 457, PERA; $350 for Pension Plans
50% Discount for Multiple QDROs

Most, But Not All, IRAs Can be Divided Without a Court Order

Summary: Usually an IRA can be divided without the use of a QDRO or other court Order as long as it is divided pursuant to a divorce case. However, some IRAs do require a specific court Order.

Dividing an IRA Without a QDRO

Usually, an IRA does not have to be divided by a QDRO or any other court order.

Instead, it just takes the written agreement of the former spouses and the final court decree. Usually a letter of instruction by the owner of the IRA and an application by the recipient of a portion of the IRA is all that is needed.

As with other retirement assets, once the asset is divided, the former spouse who received a portion of the IRA should remove it from the control of the IRA administrator and move it.

However, if the court order (or separation agreement) is not clear as to the division of an IRA, then a court Order similar to a Judge-signed QDRO may be required by the IRA plan administrator.

Also, sometimes if the IRA amount being transferred is very large or the IRA is self-directed, the IRA custodian will require a court order similar to a QDRO.

  Updated August 15, 2016  
  The material on this web site is for informational purposes only. This law firm practices only in Colorado. An attorney-client relationship is established only when an agreement as to the scope of representation and fees has been signed and a retainer paid. Colorado law may consider these web site materials to be attorney advertising.