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You are here: Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > cash settlement
Expert: Helen P. O`Planick, EA
Date: 9/11/2008
Subject: cash settlement
Question My lawyer has drafted a divorce settlement with my wife that is for $400K ($200k cash and $200k from my IRA). My wife prefers all cash. If I have income this year >$400k to offset the cash settlement would it be better for me, from a tax position, to send her all cash and keep the IRA money?
Answer It really does not matter. Once the IRA is hers (you release it to her thru a QDRO), if she cashes it out, she will pay the tax and perhaps the penalty.
And you get no deduction for it either way. The only thing you will lose out on is the appreciation in the IRA (but right now, the way the market is - that is not even a real issue).
Helen, EA in PA
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