Marriage Is About Love, Divorce Is About Money® Podcast

Marriage Is About Love, Divorce Is About Money® Podcast


Retirement Assets in Divorce (Ep. 7)

October 11, 2024

This week on Marriage Is About Love Divorce Is About Money®, Gabrielle Clemens, JD, LLM, Certified Divorce Financial Analyst, and Accredited Estate Planner discusses the financial aspects of divorce, focusing on the division of retirement and non-retirement assets.


She emphasizes the importance of understanding tax implications and the processes involved in equalizing assets during a divorce, covering the distinction between marital and separate property, the complexities of qualified plans, and the necessary steps to ensure a fair division of assets.


Key Insights:



  • Retirement vs. Non-Retirement Assets: It’s essential to differentiate between retirement and non-retirement assets when dividing them in a divorce
  • Challenges of Commingling Assets: By keeping a clear record of pre-marital assets and working with your attorney, you can better identify what remains solely yours
  • IRA Transfers: A straightforward option for dividing retirement assets. A “Transfer Incident to Divorce” can move funds without tax penalties if enough is available in an IRA
  • Tax Planning in Divorce: When dividing retirement assets, be cautious of tax implications, especially if taking distributions before 59.5 years of age, as early withdrawals can trigger both income taxes and a 10% penalty
  • And more!

Resources:



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