IRA Transfer
An IRA transfer is the process of dividing an individual retirement account between spouses as part of a Florida divorce. Because Florida is an equitable distribution state, retirement savings built during the marriage are usually marital property subject to division. When done correctly under a divorce decree, moving funds from one spouse's IRA to the other's is treated as a tax-free transfer rather than a taxable withdrawal.
Last updated June 21, 2026
Legal Definition
An IRA transfer incident to divorce moves IRA assets from one spouse to the other pursuant to a divorce or separation instrument, qualifying as a nontaxable transfer under Internal Revenue Code §408(d)(6); unlike a 401(k), an IRA division does not require a QDRO.
Example
Their marital settlement agreement called for an IRA transfer of half the account balance to equalize the couple's retirement savings.
Related Statutes
- 61.075
Related Terms
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