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Divorce and Your Money: QDROs, Basis, and the December 31 Fork

Updated July 31, 2026. Quick answer: three things decide most of the money in a divorce and none of them is the headline number. First, equal value is not equal money: two accounts of identical size can be worth very different amounts after tax, because basis and tax treatment transfer with the asset. Second, retirement accounts split by two completely different mechanisms – a QDRO for employer plans and a transfer incident to divorce for IRAs – and using the wrong one can create a taxable distribution out of nothing. Third, your filing status for the entire year is decided by your marital status on December 31, which makes the timing of the final decree a tax decision. Get these three right before arguing about anything else.

Splitting retirement accounts

Basis, the house, and what things are really worth

Filing status, credits and timing

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