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My youngest is divorced and the court gave none of her Roth to the ex because it was all deemed a gift from her parents. Make sure you keep records.



Can it be a gift for the divorce and income to the IRS?


Gifts are never taxable income to the recipient. They can sometimes trigger a gift tax on the giver.

My guess is that because the Roth was funded by gifts from the parents the gifts remained separate property and not community property. Therefore, the ex-spouse was not entitled to any of the Roth in the divorce.

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