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How Getting Divorced Affects Your Roth IRA

Getting Divorced Doesn't Affect Your Roth IRA

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Getting divorced will not affect your Roth IRA, nor will it affect your partner's Roth IRA.

Although you will file taxes as a single person after a divorce, your rules for contributing to a Roth, including contribution limits, stay the same. The limit is $7,000 per year each in 2024 for those under age 50, and $8,000 for those 50 and over.

However, when you get divorced, you’ll need to recheck the Roth IRA income limits to make sure they don't affect you. For example, if you were the primary earner in your marriage you could be above the individual income limit after a divorce.

Key Takeaways

  • Usually, getting divorced does not affect your Roth IRAs. You can keep contributing as you were before.
  • The exception is if your individual income is now higher than the income limits for Roth IRAs set by the IRS.
  • You can’t get around this by contributing before your divorce date, because it’s your status on the last day of the tax year that counts.

Check the Roth IRA Income Limits

Getting divorced won’t normally affect your Roth IRA. If you were both making regular contributions before you got divorced, you can both keep doing so afterward. The only complicating factor is that you’ll need to check the Roth IRA income limits for your filing status. Here are the limits:

Do You Qualify for a Roth IRA?
 Category  Income Range for 2024 Contribution
Married and filing a joint tax return Full: Less than $228,000 Partial: From $228,000 to less than $240,000 
Married, filing a separate tax return, lived with spouse at any time during the year Full: $0 Partial: Less than $10,000
Single, head of household, or married filing separately without living with spouse at any time during the year Full: Less than $146,000 Partial: From $146,000 to less than $161,000 

It’s important to note that it’s your status on the last day of the year—Dec. 31—that counts. So even if you got divorced on Dec. 30, you will count as divorced as far as the IRS is concerned.

After getting divorced, you should check the single row in the table above. If your individual income (or, more precisely, your 澳洲幸运5开奖号码历史查询:modified adjusted gross income or MAGI) is below the full amount, you can contribute up to 100% of your income or the Roth IRA contribution limit, whichever is less.

If your income falls within the partial range, subtract your income from the full level and then divide that amount by the phaseout range to determine the percentage that you are allowed to contribute.

If your individual income is above the full amount for a given year, you will not be a🧸ble to contribute to your Roth IRA for that ♍year.

Of course, the opposite might be the case as well. It might be that your partner was earning too m꧑uch to allow either of you to contribute to a Roth IRA when you were married, but as divorced you fall below the incomꦍe limit. In that case, you should look at whether a Roth IRA is now a good option for you to save for retirement.

Important

Check the Roth IRA contribution limits when you get divorced. Exceeding the contribution limit can cost you a 6% penalty on the excess each year until you rectify the mistake.

Understanding Your Filing Status

If your individual income will be too high to allow you to contribute to yo🔥ur Roth IRA after you get divorced, you might think that you could get around this by contributing money before your divorce is fina𝓰lized.

That’s not the case, says Gail Rosen, a CPA in Martinsville, N.J. “The allowable contribution is calculated based on your earned income and filing status at the💦 end of the year,” Rosen said. This means that whatever filing status you are on the last day of the year is your status for the entire tax year.

However, this also𒀰 means that if you have already cont💖ributed to the Roth for the year and now your income disqualifies you, you still have time to undo the contribution before the tax year ends.

“If you made an IRA contribution and it becomes unallowable, it must be wit♍h🌃drawn by the due date of the tax return,” Rosen says. “This can occur if, for instance, you are a single person with no earned income,” or if you remarry.

Frequently Asked Questions (FAQs)

How Do Roth IRAs Work When I Get Divorced?

There is no special type of IRA for spouses. Instead, the rule allows spouses who do not earn a taxable income to contribute to a spousal IRA, either traditional or Roth, provided they file a joint tax return with their working spouse. Individual retirement accounts opened under the spousal IRA rules are not co-owned. Your “married” Roth IRA as a married person is exactly the same ac𝔉count as your “divorce💫d” IRA.

What Happens to My IRA When I Get Divorced?

The I in IRA stands for individual, and even after you get divorced, the account doesn't change. After you get divorced, however, you can contribute to your own IRA up to your annual contribution limit.

Can Divorce Make Me Eligible for a Roth IRA?

Yes. Perhaps your partner was earning too much to allow either of you to contribute to a Roth IRA when you were marr𓂃ied, but now you are divorꦰced you fall below the income limit. In that case, you should look at whether a Roth IRA is now a good option for you to save for retirement.

The Bottom Line

Normally, getting divorced won’t affect your Roth IRAs. You can keep contributing as you were before depending on the annual contribution limits. The exception is if your individual income is now high🎃er than the income limits for Roth IRAs set by the IRS🐟.

You can’t get around this by contribu🦹ting before your divorce is finalized, because itও’s your status on the last day of the tax year that counts. There are, however, indirect ways of contributing to your Roth IRA, even if you are above the income limits. Learn the income limits and possible strategies you can use to contribute to a Roth IRA.

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