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Level 2
March 14, 2026

401(k) distribution related to divorce decree

  • March 14, 2026
  • 1 reply
  • 0 views

Hi all, 

I have a client who took out a large sum from a 401(k) as part of a divorce decree. The divorce was finalized by the end of 2025. The 1099-R is only in my client's name, and is being treated as an early withdrawal with the 10% penalty. The divorce decree states that certain portions of the 401(k) including nonvested stock was awarded to the ex, but the 1099-R doesn't reflect this at all.

From what I've read, I believe both my client and his ex should have received 1099-Rs for their respective portions of the retirement distribution. Is the best way to go about this to request corrected 1099-Rs, or is there a way in ProConnect to show that the ex was an alternate payee under a QDRO? I appreciate any insight, thanks in advance!

    1 reply

    Level 2
    March 14, 2026

    I looked into this further, it seems based on the language in the divorce decree the distribution amount to the ex is a settlement/generic property division and not a QDRO. Big bummer for my client, darn

    sjrcpa
    Level 15
    March 14, 2026

    They got bad advice/had a bad attorney

    The more I know the more I don’t know.