Q: I Am 48, Recently Divorced, And I Will Be Receiving Money From My Ex-husband’s 401(k) Plan And From His Traditional IRA. What Are the Tax Consequences of Receiving These Funds?

401K, IRA, Money, Personal Finance, Tax Penalties

A: It depends on what you do with the money. If you initiate a direct rollover of the 401(k) funds to your IRA and have the IRA funds transferred to your IRA as well, you will incur no taxes. If you receive funds directly from the 401(k) plan, the pre-tax contributions and any earnings distributed to you will be taxed as ordinary income. These funds will have a withholding of 20 percent, but you will not incur the 10 percent penalty for withdrawing funds prior to age 59 1/2 . If you receive funds directly from the IRA, the distribution will be taxed as ordinary income (assuming no after-tax contributions were made) and you will also pay the 10 percent early withdrawal penalty. Caution, if you have the 401(k) funds rolled into your IRA and then withdraw it, the distribution will be taxed as ordinary income and subject to the 10 percent early withdrawal penalty. It would be best to consult a tax expert.

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