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Asked 1/27/2011

I am involved in a divorce and I see that my husband just received a 1099-R for his 401k. It says the gross distribution is $27,338.04 and the taxable amount is the same. Other wise there are no other numbers in any of the boxes. I have zero

Knowledge on this stuff. Is the dollar number on the 1099 the amount in the 401k or is that money that has been taken out of the 401k during the 2010 year. Please help me.

 
 
 
 
 
Answers

Answer 1/7 - Submitted 1/27/2011

That is the amount of money taken out before taxes! Looks like he took out a very large distribution and may be trying to cash it out before your divorce is final! Tell your lawyer what is occuring before he spends all that money!

 
 

Answer 2/7 - Submitted 1/27/2011

Seconding what BBL said. Also make sure that he pays taxes on it. From what it sounds like, the divorce is not final. If he does not pay the early withdrawal penalty taxes, it could come to be a problem for you later.

Ultimately talk to your lawyer. You are probably right in your suspicions. Do everything you can to protect yourself now.

 
 

Answer 3/7 - Submitted 1/27/2011

If no taxes were withheld, he most likely rolled that account over into a new retirement account. If he'd taken a distribution, taxes would have been withheld and it would show on the 1099-R.

What code is in box 7?

Generally he'd need spousal permission to move any of that money while still married. I'd call your lawyer for advice on how to best handle this.

 
 

Answer 4/7 - Submitted 1/27/2011

The code in box 7 is 1

 
 

Answer 5/7 - Submitted 1/27/2011

My soon to be ex husband does not work on an honesty system. Before I filed for a divorce due to an affair he cashed out approx. 111,000.00 dollars in 2007 from an IRA and in 2008 he cashed in approx. 45,000.00 in another IRA. As it turns out the women he was having the affair with was our accountant and did our taxes. so my assumption is that she helped him hide these monies somewhere. My attorney has told me in the past that all we can do is force him to give us a paper trail of how it was spent other wise I will probably never see any of it. It will be difficult to find it or impossible. any suggestions on how to find the mystery money from the past and present? Thank you for your answers so far it is going to be hard to choose the best one.

 
 

Answer 6/7 - Submitted 1/27/2011

I think he's done it again, to tell you the truth. How he managed to get a distribution with no tax is, let's call it, irregular.

Call the IRS, retirement plans are supposed to follow the rules too, and so is your accountant.

The 401k administrator can't simply just let someone cash out their account with a distribution without withholding taxes for it. I'd think the 401k administer would have to explain how they got a signature from you and explain why they aren't doing backup withholding.

 
 

Answer 7/7 - Submitted 1/27/2011

Thank you so much. You have helped me to understand what he has done and what I must do now.

 
 
 
 
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