IRAs

Individual retirement accounts and annuities (IRAs) are typical retirement assets that may be divided in a divorce.

Key Issues with IRAs

Types of IRAs

  • A Traditional IRA is funded with pre-tax contributions, the contributions and earnings are taxable when distributed and distributions prior to age 59 ½ (with few exceptions) are subject to a 10% premature distribution penalty.
  • A Roth IRA is funded with after-tax contributions, the contributions and earnings are not taxable when distributed if certain requirements are met, and the 10% premature distribution penalty would only apply to any portion of the distributed earnings that is taxable.

Assignment of Benefit

  • A Traditional IRA is funded with pre-tax contributions, the contributions and earnings are taxable when distributed and distributions prior to age 59 ½ (with few exceptions) are subject to a 10% premature distribution penalty.
  • A Roth IRA is funded with after-tax contributions, the contributions and earnings are not taxable when distributed if certain requirements are met, and the 10% premature distribution penalty would only apply to any portion of the distributed earnings that is taxable.

Settlement Agreement Provisions

  • Specify type of IRA and funding company.
  • Include last four digits of account number.
  • Specify date for determining the amount of assigned benefit.
  • Address if adjustment for investment gains/losses will apply.
  • Consider aggregating all IRAs and, if possible, take the assigned benefit from the IRA with the easiest transfer rules.
  • If the value of the Roth IRA(s) is significant, avoid aggregating traditional IRAs and Roth IRAs.