The Free Financial Advisor

You are here: Home / Archives for IRA

10 Retirement Funds That Can Be Frozen by Court Orders

by Leave a Comment

court
Image source: pexels.com

Retirement funds are supposed to be safe. You work for years, save money, and expect those funds to be there when you need them. But sometimes, a court can freeze your retirement accounts. This can happen for many reasons, like unpaid debts, divorce, or legal judgments. Knowing which retirement funds can be frozen by court orders helps you protect your savings. If you think your money is untouchable, you might be surprised. Here’s what you need to know about the types of retirement funds that can be frozen and what you can do about it.

1. 401(k) Plans

A 401(k) is one of the most common retirement funds. Many people think their 401(k) is safe from creditors. That’s true in some cases, but not all. Federal law protects 401(k) plans from most creditors. However, a court can freeze your 401(k) for things like unpaid child support, alimony, or federal tax debts. In divorce cases, a court can issue a Qualified Domestic Relations Order (QDRO) to split or freeze your 401(k). If you owe money to the IRS, they can also put a hold on your account. So, while your 401(k) is usually protected, it’s not immune.

2. Traditional IRAs

Traditional IRAs are another popular way to save for retirement. These accounts have some protection from creditors, but it’s not as strong as a 401(k). Federal bankruptcy law protects up to a certain amount in IRAs (currently about $1.5 million, but this can change). Outside of bankruptcy, state laws decide how much protection you get. Some states protect IRAs fully, while others don’t. Courts can freeze your IRA for things like divorce settlements, unpaid taxes, or certain lawsuits. If you’re worried about your IRA being frozen, check your state’s laws.

3. Roth IRAs

Roth IRAs work a lot like traditional IRAs when it comes to court orders. They have the same federal bankruptcy protection limit. Outside of bankruptcy, state laws control what happens. If you owe child support, alimony, or taxes, a court can freeze your Roth IRA. In divorce, a judge can order part of your Roth IRA to be given to your ex-spouse. If you’re sued and lose, your Roth IRA could be at risk, depending on where you live. Always know your state’s rules.

4. Pension Plans

Pension plans are often seen as untouchable, but that’s not always true. Most pensions are protected by the Employee Retirement Income Security Act (ERISA), which shields them from most creditors. But there are exceptions. Courts can freeze or split pensions in divorce cases. If you owe child support or alimony, a court can order payments from your pension. The IRS can also freeze your pension for unpaid taxes. If you have a government pension, different rules may apply. It’s smart to check with your plan administrator.

5. SEP IRAs

A Simplified Employee Pension (SEP) IRA is a retirement plan for self-employed people and small business owners. SEP IRAs have the same protections as traditional IRAs. That means they’re protected in bankruptcy up to the federal limit, but state laws decide what happens outside of bankruptcy. Courts can freeze SEP IRAs for divorce, child support, alimony, or tax debts. If you’re self-employed, don’t assume your SEP IRA is always safe.

6. SIMPLE IRAs

A Savings Incentive Match Plan for Employees (SIMPLE) IRA is another retirement plan for small businesses. Like SEP IRAs, SIMPLE IRAs have the same federal and state protections as traditional IRAs. Courts can freeze these accounts for unpaid debts, divorce settlements, or tax issues. If you’re part of a small business, make sure you know how your SIMPLE IRA is protected in your state.

7. Government Thrift Savings Plans (TSPs)

Thrift Savings Plans are retirement accounts for federal employees and military members. TSPs are protected from most creditors, but not all. Courts can freeze TSPs for child support, alimony, or federal tax debts. In divorce, a court can issue an order to split or freeze your TSP. If you have a TSP, it’s essential to know that it’s not entirely off-limits for court orders. The Federal Retirement Thrift Investment Board has more details on these rules.

8. 457(b) Plans

A 457(b) plan is a retirement account for state and local government workers and some nonprofits. These plans are usually protected from creditors, but courts can freeze them for child support, alimony, or tax debts. In divorce, a court can order a split of your 457(b) plan. If you work for the government or a nonprofit, don’t assume your retirement money is always safe.

9. 403(b) Plans

A 403(b) plan is a retirement account for teachers, hospital workers, and some nonprofit employees. Like 401(k)s, 403(b) plans are protected by ERISA, but there are exceptions. Courts can freeze 403(b) plans for divorce, child support, alimony, or tax debts. If you work in education or healthcare, make sure you understand how your 403(b) is protected. The U.S. Department of Labor has more information on these plans.

10. Inherited Retirement Accounts

If you inherit a retirement account, the protections are different. Inherited IRAs, for example, are not protected in bankruptcy. Courts can freeze inherited accounts for debts, divorce, or lawsuits. If you inherit a 401(k) or IRA, check the rules. You might not have the same protections as the original owner. This can catch people off guard, so always ask questions if you inherit a retirement fund.

Protecting Your Retirement: What You Can Do

Knowing that court orders can freeze retirement funds is important. The rules are complicated and depend on the type of account, the reason for the court order, and where you live. If you’re worried about your retirement funds, talk to a financial advisor or attorney. They can help you understand your risks and what steps you can take. Sometimes, moving funds to a more protected account or changing your state of residence can help. But don’t wait until you have a problem. Take action now to protect your retirement savings.

Have you ever had a retirement account frozen or know someone who has? Share your story or advice in the comments below.

Read More

10 Refund Delays Women Face After Retirement That Men Rarely Do

10 Refund Delays Women Face After Retirement That Men Rarely Do

7 Reasons Your IRA Distribution Plan May Be Legally Defective

by Leave a Comment

retirement
Image source: unsplash.com

Planning for retirement is a big deal. You work hard, save money, and hope your IRA will help you live comfortably later. But even a small mistake in your IRA distribution plan can cause big problems. You could face tax penalties, legal trouble, or even lose money you thought was safe. Many people don’t realize their IRA distribution plan has legal flaws until it’s too late. Here’s why you need to pay close attention to your plan—and what could go wrong if you don’t.

1. Outdated Beneficiary Designations

Your IRA distribution plan depends on who you name as your beneficiary. If you forget to update this after a major life event—like marriage, divorce, or the birth of a child—your money might not go where you want. For example, if you get divorced but never change your beneficiary, your ex could still inherit your IRA. Courts often follow the paperwork, not your wishes. This mistake is common and can lead to family disputes or even lawsuits. Always review your beneficiary forms after any big life change. It’s a simple step, but it can save your loved ones a lot of trouble.

2. Failing to Follow Required Minimum Distribution (RMD) Rules

The IRS requires you to start taking minimum distributions from your traditional IRA at a certain age. If you miss an RMD, you could face a penalty of 25% of the amount you should have withdrawn. That’s a huge hit. The rules changed recently, and the age for RMDs is now 73 for many people. If you don’t keep up with these changes, you might break the law without knowing it. Make sure you know when your RMDs start and how much you need to take each year.

3. Ignoring State Inheritance Laws

Every state has its own rules about inheritance. If your IRA distribution plan doesn’t match your state’s laws, your plan could be challenged in court. For example, some states have community property laws that give spouses certain rights, even if your IRA says otherwise. If you move to a new state, your old plan might not work the way you expect. It’s important to review your IRA distribution plan with a professional who understands your state’s laws. This helps you avoid legal surprises and keeps your plan on track.

4. Not Considering the SECURE Act Changes

The SECURE Act changed how inherited IRAs work. Most non-spouse beneficiaries now have to withdraw all the money within 10 years. If your plan was set up before 2020, it might not follow these new rules. This could lead to higher taxes or force your heirs to take out money faster than planned. If you haven’t updated your IRA distribution plan since the SECURE Act, you could be setting your family up for a tax headache.

5. Overlooking Trusts as Beneficiaries

Some people name a trust as their IRA beneficiary. This can be smart, but only if the trust is set up correctly. If the trust doesn’t meet certain IRS rules, your heirs might have to take out the money faster and pay more taxes. The trust must be a “see-through” or “look-through” trust to qualify for special tax treatment. If it’s not, the IRA could be distributed much sooner than you want. Always work with an attorney who knows how to draft trusts for IRAs. Otherwise, your plan could be legally defective and cost your heirs money.

6. Missing Spousal Consent Requirements

If you’re married and live in a community property state, your spouse may have rights to your IRA—even if you name someone else as the beneficiary. Some plans require written spousal consent to name a non-spouse beneficiary. If you skip this step, your plan could be challenged in court. This can delay distributions and create legal battles. Make sure you follow all spousal consent rules in your state and with your IRA provider. It’s a small detail, but it can make a big difference.

7. Failing to Coordinate with Your Overall Estate Plan

Your IRA distribution plan shouldn’t exist in a vacuum. If it doesn’t match your will, trust, or other estate documents, you could create confusion. For example, your will might say one thing, but your IRA beneficiary form says another. In most cases, the IRA form wins. This can lead to family fights and even lawsuits. Review your IRA distribution plan with your estate plan every few years. Make sure everything works together. This helps you avoid legal problems and keeps your wishes clear.

Protecting Your Retirement Legacy

A legally defective IRA distribution plan can undo years of careful saving. Small mistakes—like outdated forms or ignoring new laws—can lead to big problems. The good news is you can fix most issues with a little attention and the right help. Review your IRA distribution plan regularly. Update your documents after major life changes. Talk to a professional if you’re unsure about the rules. Your retirement savings are too important to leave to chance.

Have you ever found a mistake in your IRA distribution plan? Share your story or tips in the comments below.

Read More

From Likes to Loans: The Financial Impact of Going Viral

Is Gold IRA a Great Investment During The Financial Crisis of 2023?

Ways Retirement Funds Are Quietly Being Eaten by Fees

by Leave a Comment

retirement funds
Image Source: pexels.com

Retirement funds are supposed to be your safety net. You work for decades, save what you can, and hope your money grows enough to support you later. But there’s a problem many people miss: fees. These costs can quietly chip away at your savings, sometimes without you even noticing. Over time, small fees can add up to thousands of dollars lost. If you want your retirement fund to last, you need to know how fees work and where they hide. Here’s how retirement funds are quietly being eaten by fees—and what you can do about it.

1. Expense Ratios That Seem Small but Add Up

Expense ratios are the annual fees charged by mutual funds and ETFs. They cover the cost of managing the fund. At first glance, a 0.5% or 1% fee doesn’t look like much. But over 20 or 30 years, that small percentage can eat a big chunk of your retirement fund. For example, if you invest $100,000 and your fund charges a 1% expense ratio, you’ll pay $1,000 every year. As your balance grows, so does the fee. Over the decades, this can mean tens of thousands lost. Always check the expense ratio before you invest. Lower is usually better. Even a difference of 0.5% can mean thousands more in your pocket by retirement.

2. Hidden Administrative Fees

Many retirement accounts, like 401(k)s, come with administrative fees. These cover recordkeeping, customer service, and other plan costs. Sometimes, these fees are buried in the fine print or bundled with other charges. You might not notice them unless you look at your statements closely. These fees can be flat or based on a percentage of your assets. Either way, they reduce your returns. Ask your plan administrator for a breakdown of all fees. If your plan is expensive, consider rolling over to an IRA with lower costs when you leave your job.

3. Advisor Fees That Don’t Always Add Value

Some people pay a financial advisor to manage their retirement funds. Advisors often charge a percentage of your assets, usually around 1%. This is on top of the fund fees you already pay. If your advisor isn’t providing clear value—like a solid financial plan or tax advice—you might be paying too much. Robo-advisors and self-directed accounts can be cheaper options. If you use an advisor, ask exactly what you’re paying and what you’re getting in return. Don’t be afraid to shop around or negotiate.

4. Transaction Fees and Trading Costs

Every time you buy or sell an investment, you might pay a transaction fee. Some funds charge sales loads, which are commissions paid when you buy or sell shares. Others have trading fees for each transaction. These costs can add up, especially if you trade often or your plan uses high-turnover funds. Look for no-load funds and accounts with free or low-cost trading. The less you pay in transaction fees, the more of your money stays invested.

5. Account Maintenance and Inactivity Fees

Some retirement accounts charge maintenance fees just for keeping your account open. Others penalize you if you don’t make regular contributions or trades. These fees can be small, but over time, they add up. If you have old accounts from previous jobs, check if you’re being charged for inactivity. Consolidating accounts can help you avoid these fees and make your retirement savings easier to manage.

6. High-Cost Investment Options

Not all investment options in your retirement plan are created equal. Some funds, especially actively managed ones, have higher fees than others. These funds promise better returns, but most don’t outperform cheaper index funds over time. High-cost funds can quietly drain your retirement fund, even if the market is doing well. Stick with low-cost index funds or ETFs when possible. They usually have lower fees and perform just as well, if not better, than expensive alternatives. Morningstar’s research shows that lower-cost funds tend to outperform over the long run.

7. Fees for Early Withdrawals and Loans

Taking money out of your retirement fund before age 59½ usually means paying a penalty, often 10%, plus taxes. Some plans also charge fees for taking loans or making early withdrawals. These costs can take a big bite out of your savings. If you’re thinking about tapping your retirement fund early, look at all the fees and penalties first. Try to find other ways to cover expenses if you can. Your future self will thank you.

8. Inflation-Related Costs Hidden in Fees

Inflation eats away at your purchasing power, but some fees make it worse. If your fund charges high fees, your returns might not keep up with inflation. Over time, this means your money buys less, even if your account balance looks bigger. Focus on keeping fees low so your investments have a better chance of outpacing inflation.

9. Revenue Sharing and Conflicted Advice

Some retirement plans include funds that pay the plan provider to be included in the lineup. This is called revenue sharing. It can lead to higher fees and limited choices for you. Sometimes, advisors recommend funds that pay them more, not what’s best for you. Always ask if your advisor or plan provider receives compensation from the funds they recommend. If so, look for unbiased advice elsewhere.

Protecting Your Retirement Fund from Fee Erosion

Fees are everywhere, but you don’t have to let them eat your retirement fund. Review your statements, ask questions, and compare your options. Even small changes—like switching to lower-cost funds or consolidating accounts—can make a big difference over time. The more you keep, the more you’ll have for the retirement you want.

How have fees affected your retirement savings? Share your story or tips in the comments.

Read More

Researching Mutual Funds (or How to Cure Insomnia)

5 Biggest Refinance Concerns

How to Create a Retirement Plan Without a 401(k)

by Leave a Comment

401k
Image Source: pexels.com

Planning for retirement can feel overwhelming, especially if you don’t have access to a 401(k) through your employer. Maybe you’re self-employed, work for a small business, or simply want more control over your financial future. The good news? You can still build a solid retirement plan without a 401(k). With the right strategies, you can take charge of your savings, invest wisely, and create a comfortable retirement on your own terms. Let’s break down practical steps you can take to secure your financial future, even if a 401(k) isn’t in the picture.

1. Open an Individual Retirement Account (IRA)

An IRA is one of the most accessible tools for anyone without a 401(k). You can choose between a Traditional IRA, which offers tax-deferred growth, or a Roth IRA, which provides tax-free withdrawals in retirement. Both options allow you to contribute up to $ 7,000 per year (or $ 8,000 if you’re 50 or older, as of 2025). IRAs are easy to set up through most banks or online brokerages, and you can invest in a wide range of assets, including stocks, bonds, and mutual funds. This flexibility makes IRAs a cornerstone of any retirement plan without a 401(k).

2. Consider a Health Savings Account (HSA)

If you have a high-deductible health plan, an HSA can be a powerful addition to your retirement plan. HSAs offer triple tax advantages: contributions are tax-deductible, growth is tax-free, and withdrawals for qualified medical expenses are also tax-free. After age 65, you can use HSA funds for any purpose without penalty (though non-medical withdrawals are taxed as income). This makes an HSA a flexible way to save for both healthcare costs and general retirement expenses. Many people overlook HSAs, but they can play a significant role in your overall retirement strategy.

3. Maximize Taxable Investment Accounts

Don’t underestimate the value of a regular brokerage account. While you won’t get the same tax benefits as an IRA or 401(k), taxable accounts have no contribution limits or withdrawal restrictions. This means you can invest as much as you want and access your money at any time. Focus on building a diversified portfolio of low-cost index funds or ETFs to keep fees low and returns steady. Over time, the power of compounding can help your investments grow significantly, even without the tax advantages of retirement-specific accounts.

4. Explore Self-Employed Retirement Plans

If you’re self-employed or run a side business, you have access to special retirement accounts designed just for you. Options like the SEP IRA, SIMPLE IRA, and Solo 401(k) allow for much higher contribution limits than traditional IRAs. For example, a Solo 401(k) lets you contribute both as an employee and employer, potentially saving tens of thousands of dollars each year for retirement. These plans are easy to set up and can make a huge difference in your long-term savings.

5. Automate Your Savings

Consistency is key when building a retirement plan without a 401(k). Set up automatic transfers from your checking account to your IRA, HSA, or brokerage account each month. Automating your savings removes the temptation to spend and ensures you’re always making progress toward your retirement goals. Even small, regular contributions add up over time. Review your budget and find an amount you can commit to saving every month, then let automation do the heavy lifting.

6. Reduce Debt and Control Expenses

A strong retirement plan isn’t just about saving—it’s also about managing what you owe. High-interest debt can eat away at your future nest egg, so prioritize paying off credit cards, personal loans, and other costly debts. At the same time, look for ways to trim unnecessary expenses from your budget. The less you spend now, the more you can save and invest for retirement. Plus, living below your means now makes it easier to maintain your lifestyle when you eventually stop working.

7. Plan for Social Security and Other Income Sources

Social Security will likely play a role in your retirement plan, even if it’s not your only source of income. Estimate your future benefits using the Social Security Administration’s online tools, and factor this into your overall retirement strategy. Don’t forget about other potential income sources, such as rental properties, part-time work, or annuities. The more diverse your income streams, the more secure your retirement will be.

Building Your Retirement Plan Without a 401(k): Your Path, Your Power

Creating a retirement plan without a 401(k) might seem daunting, but it’s absolutely possible—and often more flexible—than you think. By combining IRAs, HSAs, taxable accounts, and self-employed plans, you can tailor your savings strategy to fit your unique needs. Automating your savings, reducing debt, and planning for multiple income sources will help you build a strong financial foundation for the future. Remember, the most important step is to start now and stay consistent. Your retirement plan is in your hands, and every action you take today brings you closer to the future you want.

How are you planning for retirement without a 401(k)? Share your strategies or questions in the comments below!

Read More

How to Save Money Financing Your Business

5 Tips for Choosing the Right Retirement Investment

10 Things to Consider Before Using Your Retirement Savings Before 59½

by Leave a Comment

retired couple
Image Source: pexels.com

Tapping into your retirement savings early might seem like a quick solution to financial challenges, but it comes with significant consequences. Early withdrawals from retirement accounts before age 59½ typically trigger penalties and taxes that can substantially reduce your hard-earned nest egg. Before making this decision, understanding the full implications is crucial for your long-term financial health. Here’s what you need to know before accessing those funds prematurely.

1. The 10% Early Withdrawal Penalty

Most retirement accounts impose a 10% federal penalty on withdrawals made before age 59½. This penalty applies to traditional IRAs, 401(k)s, and similar qualified retirement plans. For example, withdrawing $10,000 early means immediately losing $1,000 to penalties before any taxes are calculated. This significant cost reduces the effective value of your withdrawal and diminishes your retirement security.

2. Additional Income Tax Consequences

Early withdrawals don’t just incur penalties—they’re also subject to ordinary income tax. Since most retirement contributions are made pre-tax, withdrawals count as taxable income. This could potentially push you into a higher tax bracket, increasing your overall tax burden. A $20,000 withdrawal might result in $5,000 or more in federal and state taxes, on top of the 10% penalty.

3. Qualified Exceptions to Early Withdrawal Penalties

The IRS does provide some penalty exemptions for specific situations. These include first-time home purchases (limited to $10,000), qualified higher education expenses, certain medical expenses exceeding 7.5% of your adjusted gross income, and disability. According to the IRS guidelines, understanding these exceptions might help you avoid penalties, though regular income taxes still apply.

4. The Rule of 55 for 401(k) Plans

If you leave your job in or after the year you turn 55, you might qualify for penalty-free withdrawals from your current employer’s 401(k) plan. This “Rule of 55” doesn’t apply to IRAs or previous employers’ plans. Planning your retirement or job transition around this rule could provide more flexibility in accessing funds if needed.

5. Substantially Equal Periodic Payments (SEPP)

The SEPP program allows penalty-free withdrawals if you commit to taking substantially equal payments based on your life expectancy for at least five years or until age 59½, whichever is longer. This complex option requires careful calculation and commitment, as deviating from the payment schedule reinstates all penalties retroactively.

6. The True Cost of Lost Compound Growth

Perhaps the most significant consideration is the opportunity cost of early withdrawals. Money removed from retirement accounts loses its potential for compound growth. A $50,000 withdrawal at age 45 could represent $150,000 or more in lost retirement funds by age 65, assuming a 6% annual return. This invisible cost often exceeds the immediate penalties and taxes.

7. Impact on Social Security Benefits

Early retirement withdrawals can indirectly affect your Social Security benefits. If withdrawals increase your income significantly in certain years, up to 85% of your Social Security benefits might become taxable. Additionally, depleting retirement savings might force you to claim Social Security earlier than optimal, permanently reducing your monthly benefit amount.

8. Alternative Funding Sources to Consider First

Before tapping retirement funds, explore alternatives like home equity loans, personal loans, or temporarily reducing retirement contributions while addressing current financial needs. According to Bankrate’s financial emergency guide, establishing an emergency fund covering 3-6 months of expenses should be a priority to avoid retirement withdrawals.

9. State-Specific Tax Implications

While federal penalties are consistent nationwide, state tax treatment of early withdrawals varies significantly. Some states impose additional penalties or don’t recognize certain federal exemptions. Others offer more favorable treatment. Before making withdrawal decisions, consulting with a tax professional familiar with your state’s regulations is essential.

10. Loan Options vs. Withdrawals from 401(k) Plans

Many 401(k) plans allow participants to borrow against their balance instead of withdrawing funds. These loans typically must be repaid within five years and don’t trigger taxes or penalties if repayment terms are met. However, outstanding loans typically become due within 60-90 days if you leave your employer, potentially creating a tax crisis if you can’t repay quickly.

Protecting Your Future Self: The Long View on Retirement Funds

Your retirement savings represent financial security for your future self. While current financial pressures may feel overwhelming, depleting these accounts early can create even greater challenges later in life when earning potential diminishes. According to the Employee Benefit Research Institute, Americans consistently underestimate their retirement needs. Preserving these funds should be considered a last resort, undertaken only after careful analysis of all alternatives and long-term implications.

Have you ever faced a financial emergency that tempted you to tap into retirement savings? What strategies did you use to protect your nest egg while addressing immediate needs?

Read More

Will My 401k Last for the Rest of My Life?

Will Your Retirement Plan Keep Up with Inflation?

What To Do With Your Old 401k

by Leave a Comment

old-401k

When you leave your job and you have a 401k, there are a few things you can do with it. You can leave it there, you can cash it out, you can roll it into an IRA, or you can roll it into a retirement plan with your new employer. So what should you do with your old 401k?

Theoretically, you have four options.

Withdrawing your funds

If you are under the age of 59 ½ and you withdraw the money, you’ll have to pay a tax penalty on it. UNLESS, you meet some of the exceptions: medical expenses, your first, primary residence (up to $10,000), health insurance premiums while unemployed, distributions from an inherited IRA, pay off an IRS tax levy, higher education expenses, as well as a few others.

If you don’t meet any of those criteria and you’re under 59 ½, you’ll have to pay that penalty. It’s not worth it. UNLESS you’re using that money to pay off a credit card. Credit card interest rates are usually well above 10%. So if you’re saving yourself from paying a 27% interest rate, theoretically, you’re making a 17% return on your money (27–10=17). But this calculation doesn’t account for taxes so you might come out even, or behind.

95% of the time, it makes the most sense to pursue other options.

Keep it where it is

Some people will leave their old 401k with their previous employer. I think a lot of that has to do with laziness, but it could be a good, rational decision as well. The primary factor has to do with cost. What are the expenses of the 401k? Typically, if it’s a large employer and/or a large plan with a lot of assets, the fees are going to be low.

That might be a good reason to leave it. The plan might also have good investment options. If the fees are reasonable, or at least average, then the investment options might be reason enough to stay.

Roll it to your new employer

Nine times out of ten, I’ll have people roll their old 401k into their new one. If they’re able to. Some employers don’t allow income transfers. Having everything with one firm makes managing it so much easier.

The only time I don’t think it would be appropriate is if the new firm has high fees, but it’s also important to compare the new fees to the fees of the alternative. That alternative is rolling it into an IRA at a separate firm.

Roll it into an IRA

As an independent financial advisor, this option is best for me, but not typically best for the client. If you take a standard fee for a financial advisor (1.00 %) and compare it to the standard expense paid by a 401k participant. Employers with 2,000 employees pay below 1% and employers with 50 or fewer employees pay 1.25%. Here’s some more info on that.

That might be the case if it’s a small plan. The large plans, however, can have ALL IN fees of around .5%.

As is the case with a lot of things in the finance world, the answer is not black and white. You need to compare and contrast your options and then make a decision. Here are things to consider: cost, investment options, ease of management, and customer service. How do the fees compare? What are the investment options? Do you have everything in one place and is it easy to make changes? Can you get in touch with someone if you have problems/questions?

Related reading:

7 Tips to Get the Most Out of Your 401k v/s Pension

401k Withdrawal Taxes and Penalties

Is your 401k Hurting you or Helping you?

How 401k Fees Impact Your Retirement

Disclaimer:

**Securities offered through Securities America, Inc., Member FINRA/SIPC. Advisory services offered through Securities America Advisors, Inc. Securities America and its representatives do not provide tax or legal advice; therefore, it is important to coordinate with your tax or legal advisor regarding your specific situation. Please see the website for full disclosures: www.crgfinancialservices.com

How to Split an IRA or 401(k) in a Divorce

by 11 Comments

Divorce is ugly.  Except under the most limited circumstances, no one wins in the divorce game.  Then, you add the complexity of money into the equation and it gets downright hideous.  In that emotional time, it’s easy to understand why so many people divide IRAs, 401(k)s, and other retirement accounts sub-optimally.

You can’t just “take the money out and give it to my spouse”  That would be a big mistake.  Let me count the ways:

Let’s assume you own a $250,000 401(k) balance.  The judge rules that you’re required to split that 50/50 with your spouse, so you decide it would be easiest to make a phone call and take the money out.  Ouch.  If you do that, you’ll be hit with a 10 percent early withdrawal penalty (yes you, not your spouse, and only if you’re under 59 1/2) and then the amount you removed is added to your taxable income for the year.  Now, for many reading this blog, you’ve just lost 35-45%.

So how do you give $125,000 to someone?  Oh that’s easy – you gift that to them.  But in your haste, you didn’t do this correctly either. To gift it, you either need to reduce your lifetime exemption by filing a form 706 with your income taxes next April, or pay a gift tax of 50%.

Long story short: “taking it out” could be a massive financial mistake.

Instead, consider asking for a QDRO, or Qualified Domestic Relations Order (pronounced quad-row).  A QDRO put together by a competent attorney and signed off on by the judge makes this transfer a ton easier.

First, it directs your retirement plan company to establish another qualified plan in the name of your spouse.  Then, it directs a tax-free transfer to that newly established account.  No taxes, no penalties.  Easy as pie.

Once you’ve begun working on that, you’ll want to make sure the QDRO says that your soon-to-be ex-spouse can’t make any loans or transfers from the account until it’s been split; or you could just pick a date to make the transfer effective on (retroactive) and put a fixed dollar amount based on that date’s plan balance.  This would protect the new beneficiary from being bamboozled by his or her ex.

Finally, don’t forget about pension plans.  A lot of those can be “QDROed” too.  For example, let’s assume your spouse earned a pension at his job of $4,000 during the 30 years he worked.  He was married to you for 20 of those 30 years – making you the owner of 2/3 of his $4,000 per month.  By putting the QDRO in place before he retires, she can have her own pension plan – quite the deal!

At the end of the day, divorce planning with money is just as important as married couple planning.  If you don’t do it, you’ll regret it.  Take the time to review everything – hire a professional and don’t try to cut corners.  The costs are too severe.


Enhanced by Zemanta