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Insolvency calc and QDRO

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    Insolvency calc and QDRO

    Client short sold her house in February 2012 while going through a divorce. House was held jointly & mortgage was joint. I'm doing an insolvency calculation, and she has about $75,000 in her 401(k). Kicker is, in the divorce, she had to give half to her now ex, but the actual property division didn't happen until a few months later. I think she's out of luck, and the full amount is included in the calculation.

    I can't use the full QPRI because most of the cancelled debt is due to a cash out refi done a few years earlier. Because of her retirement accounts, only a bit is excluded through insolvency.

    I know nothing about tax law is fair, but it looks like the ex will get the benefit of my client's retirement while client has to pay tax on COD due to the account balance on the date of the sale.

    If anyone has any thoughts or magic exclusion I'm not thinking of, please chime in.

    #2
    Qdro

    Was the QDRO known at the time of cancellation? In other words were they fairly certain that 1/2 of her 401k was going to go to the ex when the cancellation of debt occurred? Just because the final division did not happen until later does not mean that it was not a liability at the time of the cancellation of debt.
    I would put a favorite quote in here, but it would get me banned from the board.

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      #3
      I just fired off an email to her. Thank you for providing a different perspective- that could help a lot.

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