Individual Retirement Account (IRA)
IRAs are not governed by ERISA and most do not require a court order, especially if you have detailed separation agreement language. Most IRA custodians need a copy of the divorce decree and their own internal transfer forms.
Our recommended approach is to have the IRA owner reach out to his/her financial advisor before the divorce is finalized. Not only does this expedite the division, but many times IRA custodians have severe restrictions regarding the allowable assignments. It is best to know these beforehand.
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