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Dividing an IRA in a Divorce Case

General Rule. An IRA can be divided without the use of a QDRO.

Dividing an IRA

An IRA does not have to be divided by a QDRO.

Instead, it just takes the written agreement of the former spouses and the final court decree. Usually a letter of instruction by the owner of the IRA and an application by the recipient of a portion of the IRA is all that is needed.

As with other retirement assets, once the asset is divided, the former spouse who received a portion of the IRA should remove it from the control of the IRA administrator and move it.