The In-Marriage QDRO a/k/a The Happily Married Couple QDRO allows one spouse to transfer ERISA money (usually in a 401(k) or 403(b)) to the other spouse. The transfer is to an IRA for the receiving spouse, but it can be to cash.
There are many economic and legal reasons to do an In-Marriage QDRO. The most popular application is transferring assets from the older spouse to the younger spouse in order to defer RMD's.
With an In-Marriage QDRO the spouses remain married, there is *no* 10% penalty and there is *no* suspension of contributions by the employer. ...
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Aretha Franklin died without a will
Her attorney asked her for years to execute one and she refused. He told her a will or a trust was a must. She failed to do so even in light of her pancreatic cancer diagnosis.
What makes his even more unfortunate is that she was a private person. Now her financial affairs will be seen by the entire world. And as an artist, her intellectual property has continuing value.
...
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Real estate investing and the In-Marriage QDRO
Say that three married couples want to invest in real estate together. They can form an LLC or limited partnership for that purpose. As always, it is wise to have a buy-sell agreement between the parties.
Imagine further that three of the spouses have 401(k)'s that they would like to invest in this new real estate venture. With the In-Marriage QDRO, each spouse can transfer some 401(k) money to the other spouse and then invest in a self-directed IRA that would purchase the real estate.
Because no one married couple owns 50% of the LLC or limited partnership, the entity can borrow money in order to purchase the real estate. The loan, ...
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