Qdro

[rfycomflorida]

What is the name of your state (only U.S. law)? Florida

My wife and I are filing for divorce. We are doing it online. This is something I didn't want, filing online divorce. So nothing is quite so evident. But she is hard headed. We closed out my 401K and divided the money in December. My question is this. Can a QDRO be filed and keep us form having to pay the 10% penalty? If so, how much would the legal fees be for an attorney to do this?

Thanks in advance.What is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Florida

My wife and I are filing for divorce. We are doing it online. This is something I didn't want, filing online divorce. So nothing is quite so evident. But she is hard headed. We closed out my 401K and divided the money in December. My question is this. Can a QDRO be filed and keep us form having to pay the 10% penalty? If so, how much would the legal fees be for an attorney to do this?

Thanks in advance.What is the name of your state (only U.S. law)?

A QDRO will DO NO GOOD since you already cashed out the 401k.

 

[nextwife]

What is the name of your state (only U.S. law)? Florida

My wife and I are filing for divorce. We are doing it online. This is something I didn't want, filing online divorce. So nothing is quite so evident. But she is hard headed. We closed out my 401K and divided the money in December. My question is this. Can a QDRO be filed and keep us form having to pay the 10% penalty? If so, how much would the legal fees be for an attorney to do this?

Thanks in advance.What is the name of your state (only U.S. law)?

A 401K should never be cashed in unless there is an EXTREME emergancy that positively, absolutely cannot be dealt with any other way. A mere split of assets should not require a cashing in of 401ks. People need to consider 401k funds as untouchable until retirement, not even think of them as an asset to tap.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Florida

My wife and I are filing for divorce. We are doing it online. This is something I didn't want, filing online divorce. So nothing is quite so evident. But she is hard headed. We closed out my 401K and divided the money in December. My question is this. Can a QDRO be filed and keep us form having to pay the 10% penalty? If so, how much would the legal fees be for an attorney to do this?

Thanks in advance.What is the name of your state (only U.S. law)?

As you were told, a QDRO can't help.

Check on the IRS rules. If you have the money to put all the money back into a new IRA (the full amount BEFORE the penalty and taxes were assessed), then there may be a way to recover the penalty you paid on your taxes.