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Sorry to hear about the divorce. The best move is for your lawyer & her lawyer to agree on a QDRO (qualified domestic relations order) and have a judge sign it. The QDRO is presented to the plan administrator of your wife's 401(k) plan & he is obligated to essentially segregate your wife's account into "hers" & "his" and make you an account holder. Then you can do a lump-sum distribution to the rollover IRA of your choice. Not one penny of tax is due.


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