Legal Question in Tax Law in Massachusetts

My wife and I were divorced in Massachusetts in 2009 without a QDRO to divide my profit sharing plan, even though the decree calls for a 50/50 division. I have since retired and transfered my profit sharing money to a Merrill Lynch IRA. I would like to transfer 50% of my IRA to my ex-wife's IRA and avoid a taxable event. I still live in Massachusetts and she lives in Idaho.

My question is 'how can this transfer be done to avoid taxes'. In other words a trustee to trustee transfer. If it can be done, must it be done in Massachusetts? What documents are required to prove to the IRS that this is a non-taxable event?

Thanks for your help.


Asked on 10/12/10, 8:30 am

1 Answer from Attorneys
Dianne Brooks The Mandel Law Firm

Hello,

This is something you'll need to talk to your tax or estate planning attorney about.

Read more
Answered on 10/18/10, 8:45 am


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