Self directed IRA disqualified persons

[Dale Ranft]

I’m planning to flip a house, I was talking to my ex-wife about it. When I got to part about a hard money loan and the interest rates she mentioned cashing out her Roth 401k and loaning me the money. She just recently left her job and wants to move her retirement money. I told her about self directed IRAs and that she could put her money into one of those and then loan the money to me with no penalties. I know a loan to a spouse is prohibited but we aren’t married any more, haven’t been for just over two years. Would this loan be doable? Or would I be considered a disqualified person?

[Brian Eastman]

@Dale Ranft

An ex-spouse is not a disqualified party to an IRA.

One needs to be careful, however, that there is no indirect benefit to a disqualified person, such as a child of the ex-wife still living in your household.