Guide to 529 Savings Plans vs ESAs

Saving for college may help minimize the need to take out student loans to pay for school. Education Savings Accounts (ESAs) and 529 plans both allow you to save on a tax-advantaged basis, but there are some key differences in how they work.

Comparing the features of Education Savings Accounts vs. 529 plans, as well as the pros and cons, can help you decide which one is right for your needs.

🛈 Currently, SoFi does not provide ESAs or 529 savings plans.

Education Savings Accounts (ESAs) vs 529 Savings Plans

Education Savings Accounts and 529 plans are both designed to help you save money for qualified education expenses. In other words, they’re accounts you can use to save money for college, as well as potentially other types of schooling.

These plans can help you avoid a situation where you’re using retirement funds for college. On some levels, they’re quite similar but there are notable differences between the two options, as well.

Similarities

When putting an ESA vs. 529 plan side by side, you’ll notice that they have some features in common. Here’s how they overlap:

•   Contributions to ESA and 529 plans are generally made with after-tax dollars, and grow on a tax-free basis within these accounts.

•   Withdrawals are tax-free when funds are used to pay for qualified education expenses, as defined by the IRS.

•   You’re not limited to using ESA or 529 plan funds for college; both allow some flexibility in paying for elementary and secondary school expenses.

•   Non-qualified withdrawals from ESAs and 529 plans may be subject to taxes and penalties, with some exceptions.

•   Both plans allow you to transfer savings to another beneficiary if your student opts not to go to college or there’s money remaining after paying all of their education expenses.

•   With both types of accounts, contributions are not deductible on your federal tax return.

Differences

The differences between a 529 plan vs. ESA largely center on who can contribute, contribution limits, and when funds must be used. Here’s how the two diverge:

•   ESA contributions are limited by the IRS to $2,000 per child, per year, while 529 plans typically don’t have annual contribution limits.

•   Income determines your ability to contribute to an ESA but doesn’t affect your eligibility to open a 529 plan.

•   ESA contributions are only allowed up to the beneficiary’s 18th birthday unless they’re a special needs beneficiary.

•   Remaining funds in an ESA must be withdrawn by the beneficiary’s 30th birthday unless they’re a special needs beneficiary.

•   529 plans have no age limits on who can be beneficiaries, how long you can make contributions, or when funds must be withdrawn.

•   Some states allow you to deduct your 529 contributions from your state income tax, but ESA contributions are not tax deductible at the federal or state level.

Education Savings Account

529 College Savings Plan

Income Limits You cannot contribute to an ESA if your MAGI is over $110,000 (single filers); $220,000 (married, filing jointly) Anyone can contribute, regardless of income
Annual Contribution Limit $2,000 per child None, though contributions above the annual gift tax exclusion limit may trigger the gift tax

Contributions are subject to lifetime limits imposed by each state, but these are much higher, typically ranging from about $300,000 to $500,000

Eligible Beneficiaries Students under the age of 18 or special needs students of any age Students of all ages, including oneself, one’s spouse, children, grandchildren, or other relatives
Investment Options May include stocks, bonds, and mutual funds Typically limited to mutual funds
Tax Treatment of Withdrawals Withdrawals for qualified higher education expenses are tax-free; non-qualified withdrawals may be subject to tax and a penalty on the earnings portion of the withdrawal Withdrawals for qualified higher education expenses are tax-free; non-qualified withdrawals may be subject to tax and a penalty on the earnings portion of the withdrawal
Tax Deductions Contributions are not tax deductible Contributions are not deductible on federal returns; some states may allow a deduction
Qualified Expenses Withdrawals can be used to pay for elementary, secondary, and higher education expenses, including tuition, fees, books, and equipment Withdrawals can be used to pay for qualified higher education expenses, including tuition, fees, books, and equipment, as well as K-12 tuition, eligible apprenticeship expenses, and qualified education loan repayments
Required Distributions All funds must be withdrawn by age 30 or rolled over to another beneficiary, unless the beneficiary is a special needs student Funds can remain in the account indefinitely or be rolled over to another beneficiary
Financial Aid Treated as parental assets for FAFSA purpose Treated as parental assets for FAFSA purposes

What Is an ESA?

An Education Savings Account, now known as a Coverdell Education Savings Account (ESA), is a trust or custodial account intended for education savings. ESAs allow flexibility since you can use them to save for college but the IRS also allows withdrawals for qualified elementary and secondary school expenses.

Pros and Cons of ESAs

If you’re considering an ESA versus 529 plan, it’s important to consider the advantages and potential downsides. While ESAs offer tax benefits, there are some limitations to be aware of.

Pros:

•   Tax-deferred growth. Funds in an ESA grow tax-deferred, meaning you pay no tax on the earnings in the account until you begin making withdrawals.

•   Tax-free distributions. As long as the money you withdraw is used for qualified education expenses, you’ll pay no tax on ESA funds.

•   Multiple uses. Money in an ESA can pay for a variety of expenses, including college tuition and fees, books and supplies, and room and board for students enrolled at least half-time. Parents of elementary and secondary school students can use the funds for private school tuition, academic tutoring, and school-mandated costs of attendance, such as uniforms or room and board.

Cons:

•   Contribution limits. You can only contribute $2,000 per year to an ESA, and contributions are not tax deductible.

•   Income caps. Single filers with a modified adjusted gross income exceeding $110,000 and married couples filing jointly with a MAGI over $220,000 cannot contribute to an ESA.

•   Age restrictions. You can’t contribute anything to an ESA once the beneficiary turns 18, and they must withdraw all remaining funds by age 30, unless they are a special needs beneficiary. Withdrawals after the beneficiary turns 30 may be subject to taxes on earnings, but it’s possible to rollover the funds to an ESA for another beneficiary.

What Is a 529 Savings Plan?

A 529 savings plan or Qualified Tuition Program (QTP) is a tax-advantaged account that you can use to save for education expenses. All 50 states offer at least one 529 account and you don’t need to be a resident of a particular state to contribute to its plan.

In addition to 529 savings plans, some states offer 529 prepaid tuition plans. These plans allow you to “lock in” rates, offering some predictability when it’s time to pay for your child’s college tuition.

Pros and Cons of 529 Savings Plans

There may be a lot to like about 529 savings plans but like ESAs, there are also some potential downsides to consider.

Pros:

•   Contribution limits. There are no IRS limits on annual contributions to a 529 plan and states can determine where to set aggregate contribution limits.

•   Eligibility. One of the advantages of a 529 savings plan is that anyone can contribute, regardless of income, and there are no age restrictions on who can be a beneficiary.

•   Tax benefits. Earnings grow tax-deferred and qualified withdrawals are tax-free. In some states, you may be able to deduct your contributions on your state return.

•   Funds use. 529 plan funds can be used to pay for qualified college expenses, K-12 private school tuition, qualified education loan repayment, and eligible apprenticeship expenses.

Cons:

•   Tax penalties. Non-qualified withdrawals are subject to a 529 withdrawal penalty and taxes.

•   Tax breaks. There are no federal tax deductions or credits for 529 plan contributions and while some states offer them, they may only be available to residents.

•   Investment options. Compared to ESAs, 529 education savings plans may offer fewer investment options; it’s also important to consider the investment fees you might pay.

Which Savings Plan Is Right for You?

Deciding when to start saving for college for your child is the first question to tackle; where to do it is the next. Whether you should choose an Education Savings Account vs. 529 plan may hinge on your eligibility for either plan and your ability to save.

You might choose an Education Savings Account if you…

•   Are within the income thresholds allowed by the IRS

•   Would like a broader range of investment options to choose from

•   Are comfortable with control of the account being transferred to the beneficiary when they turn 18

On the other hand, you might prefer a 529 plan if you…

•   Want to be able to contribute more than $2,000 a year to the plan

•   Don’t want to be limited by age restrictions for contributions or withdrawals

•   Qualify for a state tax deduction or credit for making 529 contributions

You may also lean toward a 529 if you want more options concerning how you use the funds. While you can withdraw money from a 529 to repay student debt or pay for apprenticeship fees and supplies, you can’t do that with an ESA.

If you’re shopping for an ESA or 529 plan, consider the type of investment options offered and the fees you might pay. You might start with your current brokerage to see what college savings accounts are available, if any.

The Takeaway

Saving for college early and often gives you more time to potentially see your money grow. If you’re torn between an Education Savings Account vs. 529 plan, remember that you don’t necessarily have to choose just one. You could use both to save for education expenses if you’re eligible to do so. Just remember to prioritize saving in your own retirement accounts along the way so that you’re not shortchanging your nest egg.

FAQ

Is it better to put money in a 529 or an education savings account?

One of the main advantages of a 529 savings plan is the opportunity to save more than you could with an ESA, which is limited to $2,000 per year, total, per beneficiary. In addition, some states may offer a tax deduction for contributions to a 529 plan.

What is the downside of 529 accounts?

If you take money out of your plan for anything other than qualified education expenses, you may have to pay tax on the earnings you withdraw, plus a 10% penalty, which could make a non-qualified distribution expensive.

What happens to the 529 if the child doesn’t go to college?

If you opened a 529 savings plan for your child and they decide not to go to college, you can use the funds for other types of higher education or training, including apprenticeships. You can also transfer the money to a different beneficiary. You may select yourself as the beneficiary or choose your spouse, another child, a grandparent, or another relative.


About the author

Rebecca Lake

Rebecca Lake

Rebecca Lake has been a finance writer for nearly a decade, specializing in personal finance, investing, and small business. She is a contributor at Forbes Advisor, SmartAsset, Investopedia, The Balance, MyBankTracker, MoneyRates and CreditCards.com. Read full bio.



Photo credit: iStock/kate_sept2004

SoFi Invest®

INVESTMENTS ARE NOT FDIC INSURED • ARE NOT BANK GUARANTEED • MAY LOSE VALUE

SoFi Invest encompasses two distinct companies, with various products and services offered to investors as described below: Individual customer accounts may be subject to the terms applicable to one or more of these platforms.
1) Automated Investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser (“SoFi Wealth“). Brokerage services are provided to SoFi Wealth LLC by SoFi Securities LLC.
2) Active Investing and brokerage services are provided by SoFi Securities LLC, Member FINRA (www.finra.org)/SIPC(www.sipc.org). Clearing and custody of all securities are provided by APEX Clearing Corporation.
For additional disclosures related to the SoFi Invest platforms described above please visit SoFi.com/legal.
Neither the Investment Advisor Representatives of SoFi Wealth, nor the Registered Representatives of SoFi Securities are compensated for the sale of any product or service sold through any SoFi Invest platform.
For a full listing of the fees associated with Sofi Invest please view our fee schedule.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.


Investment Risk: Diversification can help reduce some investment risk. It cannot guarantee profit, or fully protect in a down market.


Tax Information: This article provides general background information only and is not intended to serve as legal or tax advice or as a substitute for legal counsel. You should consult your own attorney and/or tax advisor if you have a question requiring legal or tax advice.

Claw Promotion: Customer must fund their Active Invest account with at least $50 within 30 days of opening the account. Probability of customer receiving $1,000 is 0.028%. See full terms and conditions.

SOIN-Q224-1854675-V1

Read more
Understanding Economic Indicators

Understanding Economic Indicators

An economic indicator is a statistic or piece of data that offers insight into an economy. Analysts use economic indicators to gauge where an economic system is in the present moment, and where it might head next. Governments use economic indicators as guideposts when assessing monetary or fiscal policies, and corporations use them to make business decisions. Individual investors can also look to these indicators as they shape their portfolios.

There are different types of economic indicators and understanding how they work can make it easier to interpret them, and fold them into your investing strategy.

What Is an Economic Indicator?

An economic indicator is typically a macroeconomic data point, statistic, or metric used to analyze the health of an individual economy or the global economy at large. Government agencies, universities, and independent organizations can collect and organize economic indicator data.

In the United States, the Census Bureau, Bureau of Economic Analysis (BEA) and the Bureau of Labor Statistics (BLS) are some of the entities that aggregate economic indicator data.

Some of the most recognizable economic indicators examples include:

•   Gross domestic product (GDP)

•   Personal income and real earnings

•   International trade in goods and services

•   U.S. import and expert prices

•   Consumer prices (as measured by the Consumer Price Index or CPI)

•   New residential home sales

•   New home construction

•   Rental vacancy rates

•   Home ownership rates

•   Business inventories

•   Unemployment rates

•   Consumer confidence

Private organizations also regularly collect and share economic data investors and economists may use as indicators. Examples of these indicators include the Fear and Greed Index, existing home sales, and the index of leading economic indicators.

Together, these indicators can provide a comprehensive picture of the state of the economy and shine light on potential opportunities for investors.

How Economic Indicators Work

Economic indicators work by measuring a specific component of the economy over a set time period. An indicator may tell you what patterns are emerging in the economy — or confirm the presence of patterns already believed to be established. In that sense, these indicators can serve as a thermometer of sorts for gauging the temperature of the economic environment or where an economy is in a given economic cycle.

Economic indicators can not predict future economic or market movements with 100% accuracy. But they can be useful when attempting to identify signals about which way the economy (and the markets) might head next.

For example, an investor may study an economic indicator like consumer prices when gauging whether inflation is increasing or decreasing. If the signs point to a steady rise in prices, the investor might then adjust their portfolio to account for higher inflation. As prices rise, purchasing power declines but investors who are conscious of this economic indicator could take action to minimize negative side effects.

Recommended: How to Invest and Profit During Inflation

Types of Economic Indicators

Economic indicators are not all alike in terms of what they measure and how they do it. Different types of economic indicators can provide valuable information about the state of an economy. Broadly speaking, they can be grouped into one of three categories: Leading, lagging, or coincident.

Leading Indicators

Leading indicators are the closest thing you might get to a crystal ball when studying the markets. These indicators pinpoint changes in economic factors that may precede specific trends.

Examples of leading indicators include:

•   Consumer confidence and sentiment

•   Jobless claims

•   Movements in the yield curve

•   Stock market volatility

A leading indicator doesn’t guarantee that a particular trend will take shape, but it does suggest that conditions are ripe for it to do so.

Lagging Indicators

Lagging indicators are the opposite of leading indicators. These economic indicators are backward-looking and highlight economic movements after the fact.

Examples of lagging indicators include:

•   Gross national product (GNP)

•   Unemployment rates

•   Consumer prices

•   Corporate profits

Analysts look at lagging indicators to determine whether an economic pattern has been established, though not whether that pattern is likely to continue.

Coincident Indicators

Coincident indicators measure economic activity for a particular area or region. Examples of coincident indicators include:

•   Retail sales

•   Employment rates

•   Real earnings

•   Gross domestic product

These indicators reflect economic changes at the same time that they occur. So they can be useful for studying real-time trends or patterns.


💡 Quick Tip: Investment fees are assessed in different ways, including trading costs, account management fees, and possibly broker commissions. When you set up an investment account, be sure to get the exact breakdown of your “all-in costs” so you know what you’re paying.

Popular Economic Indicators

There are numerous economic indicators the economists, analysts, institutional and retail investors use to better understand the market and the direction in which the economy may move. The Census Bureau, for example, aggregates data for more than a dozen indicators. But investors tend to study some indicators more closely than others. Here are some of the most popular economic indicators and what they can tell you as an investor.

Gross Domestic Product

Gross domestic product represents the inflation-adjusted value of goods and services produced in the United States. This economic indicator offers a comprehensive view of the country’s economic activity and output. Specifically, gross domestic product can tell you:

•   How fast an economy is growing

•   Which industries are growing (or declining)

•   How the economic activity of individual states compares

The Bureau of Economic Analysis estimates GDP for the country, individual states and for U.S. territories. The government uses GDP numbers to establish spending and tax policy, as well as monetary policy, at the federal levels. States also use gross domestic product numbers in financial decision-making.

Consumer Price Index

The Consumer Price Index or CPI measures the change in price of goods and services consumed by urban households. The types of goods and services the CPI tracks include:

•   Food and beverages

•   Housing

•   Apparel

•   Transportation

•   Medical care

•   Recreation

•   Education

•   Communications

CPI data comes from 75 urban areas throughout the country and approximately 23,000 retailers and service providers. This economic indicator is the most widely used tool for measuring inflation. According to the Bureau of Labor Statistics, which compiles the consumer price index, it’s a way to measure a government’s effectiveness in managing economic policy.

Producer Price Index

The Producer Price Index or PPI measures the average change over time in the selling prices received by domestic producers of goods and services. In simpler terms, this metric measures wholesale prices for the sectors of the economy that produce goods, including:

•   Mining

•   Manufacturing

•   Agriculture

•   Fishing

•   Forestry

•   Construction

•   Natural gas and electricity

The Producer Price Index can help analysts estimate inflation, as higher prices will show up on the wholesale level first before they get passed on to consumers at the retail level.

Unemployment Rate

The unemployment rate is an economic indicator that tells you the number of people currently unemployed and looking for work. The BLS provides monthly updates on the unemployment rate and nonfarm payroll jobs. Together, the unemployment rate and the number of jobs added or lost each month can indicate the state of the economy.

Higher unemployment, for example, generally means that the economy isn’t creating enough jobs to meet the demand by job seekers. When the number of nonfarm payroll jobs added for the month exceeds expectations, on the other hand, that can send a positive signal that the economy is growing.

Consumer Confidence

The Consumer Confidence Index can provide insight into future economic developments, based on how households are spending and saving money today. This indicator measures how households perceive the economy as a whole and how they view their own personal financial situations, based on the answers they provide to specific questions.

When the indicator is above 100, this suggests consumers have a confident economic outlook, which may make them more inclined to spend and less inclined to save. When the indicator is below 100, the mood is more pessimistic and consumers may begin to curb spending in favor of saving.

The Consumer Confidence Index is separate from the Consumer Sentiment Index, which is also used to gauge how Americans feel about the economy. This index also uses a survey format and can tell you how optimistic or pessimistic households are and what they perceive to be the biggest economic challenges at the moment.

Retail Sales

Retail sales are one of the most popular economic indicators for judging consumer activity. This indicator measures retail trade from month to month. When retail sales are higher, consumers are spending more money. If more spending improves company profits, that could translate to greater investor confidence in those companies, which may drive higher stock prices.

On the other hand, when retail sales lag behind expectations the opposite can happen. When a holiday shopping season proves underwhelming, for example, that can shrink company profits and potentially cause stock prices to drop.

Housing Starts

Census Bureau compiles data on housing starts. This economic indicator can tell you at a glance how many new home construction projects in a given month. This data is collected for single-family homes and multi-family units.

Housing starts can be useful as an economic indicator because they give you a sense of whether the economy is growing or shrinking. In an economic boom, it’s not uncommon to see high figures for new construction. If the boom goes bust, however, new home start activity may dry up.

It’s important to remember that housing starts strongly correlate to mortgage interest rates. If mortgage rates rise in reaction to a change in monetary policy, housing starts may falter, which makes this economic indicator more volatile than others.

Interest Rates

Federal interest rates are an important economic indicator because of the way they’re used to shape monetary policy. The Federal Reserve makes adjustments to the federal funds rate — which is the rate at which commercial banks borrow from one another overnight–based on what’s happening with the economy overall. These adjustments then trickle down to the interest rates banks charge for loans or pay to savers.

For example, when inflation is rising or the economy is growing too quickly, the Fed may choose to raise interest rates. This can have a cooling effect, since borrowing automatically becomes more expensive. Savers can benefit, however, from earning higher rates on deposits.

On the other hand, the Fed may lower rates when the economy is sluggish to encourage borrowing and spending. Low rates make loans less expensive, potentially encouraging consumers to borrow for big-ticket items like homes, vehicles, or home improvements. Consumer spending and borrowing can help to stimulate the economy.

Stock Market

The stock market and the economy are not the same. But some analysts view stock price and trading volume as a leading indicator of economic activity. For example, investors look forward to earnings reports as an indicator of a company’s financial strength and health. They use this information about both individual companies and the markets as a whole to make strategic investment decisions.

If a single company’s earnings report is above or below expectations, that alone doesn’t necessarily suggest where the economy might be headed. But if numerous companies produce earnings reports that are similar, in terms of meeting or beating expectations, that could indicate an economic trend.

If multiple companies come in below earnings expectations, for example, that could hint at not only lower market returns but also a coming recession. On the other hand, if the majority of companies are beating earnings expectations by a mile, that could signal a thriving economy.


💡 Quick Tip: The best stock trading app? That’s a personal preference, of course. Generally speaking, though, a great app is one with an intuitive interface and powerful features to help make trades quickly and easily.

The Takeaway

Economic indicators can provide a significant amount of insight into the economy and the trends that shape the markets. Having a basic understanding of the different types of economic indicators could give you an edge if you’re better able to anticipate market movements when you start investing.

Economic indicators aren’t perfect, and while they can be a helpful part of an investing strategy, investors should always do as much research as they can before making specific moves. Discussing a strategy with a financial professional may be a good idea, too.

Ready to invest in your goals? It’s easy to get started when you open an investment account with SoFi Invest. You can invest in stocks, exchange-traded funds (ETFs), mutual funds, alternative funds, and more. SoFi doesn’t charge commissions, but other fees apply (full fee disclosure here).

For a limited time, opening and funding an Active Invest account gives you the opportunity to get up to $1,000 in the stock of your choice.

FAQ

What are the leading economic indicators?

There are several leading economic indicators in the U.S., and they include consumer confidence and sentiment, jobless claims, movements in the yield curve, and stock market volatility.

What are the big three macro indicators?

While they may not be “the” big three macro indicators, a few of the key macroeconomic indicators that are often cited are gross domestic product (GDP), the unemployment rate, and the Consumer Price Index (CPI).


About the author

Rebecca Lake

Rebecca Lake

Rebecca Lake has been a finance writer for nearly a decade, specializing in personal finance, investing, and small business. She is a contributor at Forbes Advisor, SmartAsset, Investopedia, The Balance, MyBankTracker, MoneyRates and CreditCards.com. Read full bio.



Photo credit: iStock/FG Trade

SoFi Invest®

INVESTMENTS ARE NOT FDIC INSURED • ARE NOT BANK GUARANTEED • MAY LOSE VALUE

SoFi Invest encompasses two distinct companies, with various products and services offered to investors as described below: Individual customer accounts may be subject to the terms applicable to one or more of these platforms.
1) Automated Investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser (“SoFi Wealth“). Brokerage services are provided to SoFi Wealth LLC by SoFi Securities LLC.
2) Active Investing and brokerage services are provided by SoFi Securities LLC, Member FINRA (www.finra.org)/SIPC(www.sipc.org). Clearing and custody of all securities are provided by APEX Clearing Corporation.
For additional disclosures related to the SoFi Invest platforms described above please visit SoFi.com/legal.
Neither the Investment Advisor Representatives of SoFi Wealth, nor the Registered Representatives of SoFi Securities are compensated for the sale of any product or service sold through any SoFi Invest platform.
For a full listing of the fees associated with Sofi Invest please view our fee schedule.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

Claw Promotion: Customer must fund their Active Invest account with at least $50 within 30 days of opening the account. Probability of customer receiving $1,000 is 0.028%. See full terms and conditions.

SOIN1023159

Read more

Guide to ESAs and How They Work

A Coverdell Education Savings Account (ESA) is a tax-advantaged way to set aside money for educational expenses, including those for primary, secondary, and higher education. You can open one in addition to a 529 college savings plan, or in place of one.

Generally speaking, an ESA has similar rules and benefits to a 529 plan, but more stringent income and contribution limits. ESAs offer more investment choices, however.

🛈 Currently, SoFi does not offer ESAs.

What Is an Education Savings Account (ESA)?

An Education Savings Account is a type of custodial account that can be established to save money for qualified education expenses for students in grades K-12, as well as in college. ESA funds can be withdrawn to pay for tuition, textbooks, tutoring, and other education-related expenses. Non-qualified withdrawals will be taxed.

Parents, grandparents, and other individuals can open educational savings accounts on behalf of an eligible beneficiary (the student) and make annual contributions. Contributions are limited to $2,000 per year, total, per beneficiary.

ESA Rules

These accounts are different from traditional savings accounts or high-yield savings accounts because they’re designed for a single purpose: funding education expenses. That means you have less flexibility when it comes to withdrawals, but the tax benefits can make up for it.

Setting up a college fund at a bank or brokerage that offers ESAs is usually just a matter of filling out an application and meeting the requirements.

•   The beneficiary must be under 18 when the account is opened (or be a special needs beneficiary, per the IRS).

•   If you make more than $110,000 in income (for single filers), or $220,000 (married filing jointly), you cannot contribute to an ESA. See below for details.

•   It’s possible to contribute to an ESA and a 529 college savings plan for the same student.

How Do ESAs Work?

Education Savings Accounts work by allowing savers to contribute money for the benefit of an eligible student on a tax-advantaged basis. Contributions are not deductible, but they grow tax-deferred; and withdrawals are tax free when used for qualified education expenses.

Because contributions are made with after-tax dollars (similar to a Roth IRA), you can withdraw the amount of your contributions at any time tax free. But earnings are taxable. Thus the earnings portion of non-qualified withdrawals will be taxed as income, and you may get hit with a 10% penalty on that taxable amount as well.

You might use an ESA to fund future expenses for K-12 tuition, as well as saving for your child’s college tuition. The IRS imposes guidelines on how these plans can be used to pay for education. Unlike 529 plans in some states, you cannot deduct contributions to an ESA.

Income Limits

In addition, your income determines your ability to contribute to an Education Savings Account. You might be eligible to make a full contribution, a partial contribution, or no contribution at all.

Generally, full contributions are allowed for:

•   Single filers with a modified adjusted gross income (MAGI) below $95,000

•   Married couples filing jointly with a MAGI below $190,000

Partial contributions are allowed for:

•   Single filers with MAGI between $95,000 and $110,000

•   Married couples filing jointly with MAGI between $190,000 and $220,000

If you file single and have a MAGI greater than $110,000, or are married with a MAGI greater than $220,000, you can’t contribute to an Education Savings Account.

Contribution Limits

The IRS is very clear about how much you can contribute to an ESA each year, for each student. The annual contribution limit is $2,000. That limit applies per beneficiary, no matter how many educational savings accounts they have.

For example, if you open an ESA for your child and contribute $1,400, and the child’s grandparents also open an ESA for the same child, they could only contribute $600 for the same year.

Excess contributions in a given year may face a penalty of 6%, except under certain circumstances. You can find more information at IRS.gov.

ESA Withdrawal Rules

As with any tax-deferred account, whether for retirement (like an IRA) or for education, ESA withdrawals rules are complicated. Withdrawals are tax-free when the money is used for qualified education expenses incurred at an eligible education institution. A qualified education institution is any school that’s eligible to participate in federal student aid programs.

You can use ESA funds to pay for college expenses, secondary school expenses, or elementary school expenses. If you’re using an ESA for college savings, qualified higher education expenses include:

•   Tuition and fees

•   Books, supplies, and equipment

•   Room and board, for students enrolled at least half-time

•   Expenses for special needs services for a special needs beneficiary

A portion of the withdrawals that exceed a student’s qualified education expenses are treated as taxable income by the IRS.

Elementary and Secondary School Expenses

ESA funds can also be used to cover tuition and fees, books, supplies, equipment, academic tutoring, and special needs services at secondary or elementary schools. Room and board, uniforms, transportation, and supplementary items may also be covered if the school requires them as a condition of attendance.

Handling Leftover Funds

Leftover funds must be distributed within 30 days of the designated beneficiary’s 30th birthday, unless they qualify for a special needs exception. Or, if the beneficiary dies before turning 30, you must also withdraw any remaining funds within 30 days of their death.

Here’s one important thing to know:

A portion of withdrawals (i.e. earnings) from an Education Savings Account that aren’t for a qualified education expense, including required distributions at age 30, may be taxed as income and subject to a 10% penalty. You can avoid these tax penalties by rolling the balance over to another ESA for another member of the original beneficiary’s family.

ESA Pros and Cons

Is an Education Savings Account a good way to save for education? There are advantages and drawbacks to consider if you’re trying to decide how to pay your child’s college tuition.

Here are some of the pros:

•   Earnings grow tax-deferred, and you can open an ESA as a supplement to other college savings plans.

•   Qualified withdrawals are 100% tax-free and can be used for elementary, secondary, or higher education expenses.

•   Should your student decide not to go to college, you can transfer their ESA to another beneficiary (similar to a 529 plan), but they must be under 30.

•   Most ESA plans offer a wide array of investment choices.

Now for the cons:

•   With a $2,000 annual contribution limit per child, you can only save so much with an ESA.

•   Distributions for anything other than education expenses are subject to tax and penalties (including funds left over when the child’s education is complete).

•   Excess contributions may face a 6% penalty.

•   High-income earners may be ineligible to contribute to an Education Savings Account.

The deadline for withdrawals at age 30 can also be a disadvantage. With a 529 savings plan, you’re not required to take money out by a specific date or age, and you’re permitted to rollover unused funds to a Roth IRA for the beneficiary.

ESA vs 529 Savings Plan

A 529 savings plan is another tax-advantaged way to save for college. Thanks to a recent rule change, parents can also withdraw funds from a 529 to pay for qualified K-12 tuition expenses.

So, how does a 529 compare to an ESA? Here’s a quick rundown.

Education Savings Account

529 College Savings Plan

Who Can Contribute Individuals whose MAGI is within IRS limits Anyone, regardless of income
Annual Contribution Limit $2,000 per child None, though contributions above the annual gift tax exclusion limit may trigger the gift tax

Lifetimes contributions (typically between $235,000-$575,000) are determined by each state

Eligible Beneficiaries Students under the age of 18, or special needs students of any age (you cannot contribute after the student turns 18) Any future student, including oneself, one’s spouse, children, grandchildren, or other relatives, regardless of age
Investment Options Typically a wide array of investment choices Typically limited or pre-set by the plan provider
Taxes on Withdrawals Withdrawals for qualified education expenses are tax free; all other withdrawals are subject to tax and penalties Withdrawals for qualified education expenses are tax-free; all other withdrawals are subject to tax and penalties
Eligible Expenses Withdrawals can be used to pay for elementary, secondary, and higher education expenses, including tuition, fees, books, and equipment Withdrawals can be used to pay for qualified higher education expenses, including tuition, fees, books, and equipment, as well as K-12 tuition, eligible apprenticeship expenses, and qualified education loan repayments
Mandatory Distributions All funds must be withdrawn by age 30, excluding special needs beneficiaries Funds can remain in the account indefinitely or be rolled over to another beneficiary
FAFSA Impact Treated as parental assets Treated as parental assets

The benefits of a 529 savings plan may outweigh the advantages of an Education Savings Account. Aggregate contribution limits for 529 plans are much higher and there’s no hard cutoff for using the money.

The Takeaway

Saving up for college can reduce the need for students to take out federal or private loans to pay for school. An Education Savings Account is one option for saving; a 529 plan is another. You can also consider opening a Roth IRA for yourself or your child, as it’s possible to access the amount you contribute for expenses like education.

FAQ

How does an education savings account work?

An Education Savings Account works by allowing you to set aside $2,000 per year on behalf of an eligible student to cover education expenses, from elementary school through college. Your earnings grow tax-deferred, and you pay no taxes on withdrawals when they’re used for qualified expenses.

Is an ESA the same as a 529?

An ESA is not the same as a 529 plan. If you’re starting college savings late, you may get more benefits from contributing to a 529 plan versus an Education Savings Account. The annual contribution limits for 529 plans are much higher than they are for an ESA, meaning you could save quite a bit more — and you’re not required to stop making contributions once your child turns 18.

What is the income limit for an ESA?

The income limit for making a full contribution to an ESA is $95,000 for single filers and $190,000 for married couples filing jointly. You’ll need to have a modified adjusted gross income below those thresholds to contribute the $2,000 maximum; if you earn up to $110,000 (single) and $220,000 (joint) you can make a partial contribution.


About the author

Rebecca Lake

Rebecca Lake

Rebecca Lake has been a finance writer for nearly a decade, specializing in personal finance, investing, and small business. She is a contributor at Forbes Advisor, SmartAsset, Investopedia, The Balance, MyBankTracker, MoneyRates and CreditCards.com. Read full bio.



Photo credit: iStock/RyanJLane

SoFi Invest®

INVESTMENTS ARE NOT FDIC INSURED • ARE NOT BANK GUARANTEED • MAY LOSE VALUE

SoFi Invest encompasses two distinct companies, with various products and services offered to investors as described below: Individual customer accounts may be subject to the terms applicable to one or more of these platforms.
1) Automated Investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser (“SoFi Wealth“). Brokerage services are provided to SoFi Wealth LLC by SoFi Securities LLC.
2) Active Investing and brokerage services are provided by SoFi Securities LLC, Member FINRA (www.finra.org)/SIPC(www.sipc.org). Clearing and custody of all securities are provided by APEX Clearing Corporation.
For additional disclosures related to the SoFi Invest platforms described above please visit SoFi.com/legal.
Neither the Investment Advisor Representatives of SoFi Wealth, nor the Registered Representatives of SoFi Securities are compensated for the sale of any product or service sold through any SoFi Invest platform.
For a full listing of the fees associated with Sofi Invest please view our fee schedule.


Tax Information: This article provides general background information only and is not intended to serve as legal or tax advice or as a substitute for legal counsel. You should consult your own attorney and/or tax advisor if you have a question requiring legal or tax advice.

Fund Fees
If you invest in Exchange Traded Funds (ETFs) through SoFi Invest (either by buying them yourself or via investing in SoFi Invest’s automated investments, formerly SoFi Wealth), these funds will have their own management fees. These fees are not paid directly by you, but rather by the fund itself. these fees do reduce the fund’s returns. Check out each fund’s prospectus for details. SoFi Invest does not receive sales commissions, 12b-1 fees, or other fees from ETFs for investing such funds on behalf of advisory clients, though if SoFi Invest creates its own funds, it could earn management fees there.
SoFi Invest may waive all, or part of any of these fees, permanently or for a period of time, at its sole discretion for any reason. Fees are subject to change at any time. The current fee schedule will always be available in your Account Documents section of SoFi Invest.


Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

Disclaimer: The projections or other information regarding the likelihood of various investment outcomes are hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results.

Investment Risk: Diversification can help reduce some investment risk. It cannot guarantee profit, or fully protect in a down market.

SOIN-Q224-1854652-V1

Read more

How Donor-Advised Funds (DAF) Work

A donor-advised fund, or DAF, is a tax-advantaged vehicle for charitable giving. Individuals, families, and organizations can establish donor-advised funds to further philanthropic efforts while supporting their favorite charities.

Here’s a closer look at what a donor-advised fund is used for, the pros and cons, and how to create one.

Key Points

•   Donor-advised funds (DAFs) are charitable giving accounts, administered by sponsors, that allow donors to make tax-deductible donations that can be gifted to charities at a later time.

•   DAFs can be established by individuals, families, trusts, corporations, estates, and foundations.

•   Contributions to DAFs may include cash, stocks, real estate, cryptocurrency, and more.

•   DAFs offer flexibility in charitable giving, allowing donors to recommend how funds are used and invested.

•   Potential disadvantages include lack of donor control, fees, and the irrevocability of contributions.

🛈 While SoFi does not offer Donor Advised Funds at this time, we do offer a range of online investing services.

What Is a Donor-Advised Fund?


A donor-advised fund is a separately identified fund or account that exists for the purpose of making charitable donations to eligible organizations. In effect, they’re a sort of charitable investment account. They’re important funding sources for nonprofits that rely on public support via donations or charitable giving.

Donor-advised funds may be established by:

•   Individuals and families

•   Trusts

•   Corporations

•   Estates

•   Foundations

Multiple donors may contribute to a donor-advised fund, and a third party, (or, the sponsor) administers and oversees it – hence the “donor-advised” moniker. This third party is responsible for making grants to eligible charities from donated funds.

Definition and Purpose


A donor-advised fund, most simply, is a private investment account that’s used exclusively to make charitable donations.

Donor-advised funds may be established to support a variety of 501(c)3 organizations. A 501(c)3 is a tax-exempt organization, as defined by the Internal Revenue Service. Examples of organizations that are supported by donor-advised funds could include:

•   Colleges and universities

•   Hospitals and healthcare organizations

•   Religious organizations

•   Animal welfare agencies

•   Humanitarian organizations

•   Environmental charities

•   Disaster relief organizations

Under the Internal Revenue Code (IRC), tax-exempt purposes include “charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and preventing cruelty to children or animals.”

Key Players Involved


The key players in a donor-advised fund are the sponsors, donors, and charities that receive donations. More specifically:

•   Sponsors are the organizations that administer the fund.

•   Donors are the individuals or entities who make contributions to the fund.

•   Receiving charities are eligible nonprofits, as defined by the IRS, per the information above.

When you make contributions to a donor-advised fund, the sponsor manages them on your behalf. You can request which charitable causes to fund with your donation — though this may ultimately be decided by the sponsor — and when donations should be distributed.

Benefits of Using a Donor-Advised Fund


You might wonder why someone would establish or contribute to a donor-advised fund when they could make direct charitable contributions to an organization instead. Answering that question is easier when you consider the benefits offered by donor-advised funds, which can include tax advantages, flexible giving, and more.

Tax Advantages


A donor-advised fund offers an immediate tax deduction for contributions. The deduction applies whether you donate cash or another type of asset, including publicly-traded securities, like stocks.

You’ll need to itemize deductions on the Schedule A tax form to write off donations to donor-advisor funds. That’s one of the main things to know about charitable donations and taxes.

Generally, the charitable deduction limit is as follows:

•   Up to 60% of adjusted gross income (AGI) for cash donations

•   Up to 30% of adjusted gross income (AGI) for noncash donations

Deductions reduce your taxable income for the year. Claiming deductions for donor-advised fund contributions could help push you into a lower tax bracket when it’s time to file your return.

Flexibility in Charitable Giving


Donor-advised funds allow for flexibility in deciding where your donations may go. While the sponsor has legal control over assets in the fund, donors can make recommendations on how the funds should be used.

You can make contributions at your own pace, and you can choose the recipient charities at a later time. Donor-advised funds may accept a variety of financial gifts, including cash, stock, real estate, and even noncash or alternative assets, such as cryptocurrency.

Investment Growth Potential


Donor-advised funds give donors a different avenue through which to make investments, and to provide some guidance about how money in the fund should be invested. Investment growth within a DAF is tax-free, so every additional penny your money earns can go directly to the charity or charities you prefer. Note that some DAFs may require regular distributions of funds, which can influence how long assets have to grow.

Potential Disadvantages of Donor-Advised Funds


Donor-advised funds can have drawbacks, both for donors and for the charities that receive donations through them. The main drawbacks for charities are a lack of transparency surrounding donations and potential delays, should donors choose to allow contributions to grow before funds are released. Further, donor-advised funds have been criticized as a tool that can be used by the wealthy to secure tax advantages – the IRS, in recent years, has released new regulations to mitigate that sort of potential abuse.

For donors, the disadvantages can include:

•   Lack of control: While donors may make recommendations about investments or which charities should receive funds, the sponsor has the final say.

•   Fees and minimums: Donor-advised funds can charge annual fees and other fees, which donors are responsible for paying. Some funds may require a minimum contribution of $1 million or more.

•   No reversals: Once you contribute to a donor-advised fund the money must remain in the fund until it’s disbursed to charity. You can’t make a contribution and take it back later.

Setting Up and Contributing to a DAF


Setting up a DAF is simple enough. You need to find a sponsor, open your account, and make a contribution. Here’s more on how the process works.

Choosing a Sponsoring Organization


Several types of organizations can sponsor donor-advised funds, such as public foundations and 501(c)3 organizations associated with a brokerage.

Your goals related to charitable giving may determine which option you choose. If you’re primarily interested in funding local charities, for instance, you might select a community organization that administers a donor-advised fund. On the other hand, if you’d like to have access to a wider range of charities you might consider a DAF offered in association with a brokerage.

Opening an Account


You’ll need to complete the necessary paperwork to open your account once you’ve selected a sponsoring organization. Along with your personal information, you may need to specify, among other things:

•   Which charities you’d like to support

•   How you’d like contributions to be invested

•   The identity of the sponsor

Once the paperwork is complete you can move on to the final step, and begin funding your account.

Contribution Types and Limits


You can decide what form your contributions to a donor-advised fund should take. The options can include, but are not limited to:

•   Cash

•   Stocks, bonds, and mutual funds

•   Traditional IRA or 401(k) assets

•   Cryptocurrency

•   Real estate

•   Private business interests

The fund sponsor should be able to tell you what the minimum contribution is (often around $5,000), if any, and whether there’s any upper limit on how much you can contribute annually. Keep in mind that with any contributions you make, you can only deduct them up to the limit allowed by the IRS.

Donor-Advised Fund vs. Private Foundation


A private foundation can be another vehicle for making charitable donations. Private foundations are 501(c)(3) organizations, and can be established by corporations, but they’re often used by families and wealthy individuals to fund philanthropic activity.

There are several differences to note between the two.

Donor-Advised Fund

Private Foundation

Donors make recommendations about how contributions to the fund should be invested and distributed to charities. Donors have more control of investment decisions and how contributions are distributed.
Cash donations are deductible up to 60% of AGI; noncash donations are deductible up to 30% of AGI. Cash donations are deductible up to 30% of AGI; noncash donations are deductible up to 20% of AGI.
No annual payout is required. Minimum annual payout of 5% of net asset value is required.

Generally speaking, a donor-advised fund usually requires less paperwork and is less costly to establish. It’s also easier to maintain privacy, since you can keep your name as a donor confidential if you prefer. Private foundations, on the other hand, are more time- and cost-intensive to create. Privacy is limited as foundations are required to file public tax returns.

In terms of the difference between nonprofits vs. foundations, they can both be established as tax-exempt, 501(c)3 organizations. However, nonprofits and foundations may have different underlying goals, tax implications, and more.

The Takeaway


Donor-advised funds can offer an avenue for giving if you’re looking for charities to support. You’ll need to have sufficient capital to make an initial contribution but the tax advantages can be substantial. And you can still make contributions directly to qualify for a tax break if you don’t meet the minimum requirements for a DAF.

FAQ


Are donations to a donor-advised fund tax-deductible?


Donating to a donor-advised fund allows you to qualify for an immediate tax deduction. You can deduct cash donations up to 60% of your AGI, or noncash donations up to 30% of your AGI.

Can you name a successor for your donor-advised fund?


Yes, you can name a successor for your donor-advised fund. You may be prompted to do so at the time that you open your account and complete the initial paperwork. A successor essentially inherits the fund from you when you pass away.

What are the typical fees associated with a donor-advised fund?


Donor-advised funds can charge annual or administrative fees. These fees are typically assessed as a percentage of your account balance. The higher your balance, the lower the fee might be.


About the author

Rebecca Lake

Rebecca Lake

Rebecca Lake has been a finance writer for nearly a decade, specializing in personal finance, investing, and small business. She is a contributor at Forbes Advisor, SmartAsset, Investopedia, The Balance, MyBankTracker, MoneyRates and CreditCards.com. Read full bio.



Photo credit: iStock/miniseries

SoFi Invest®

INVESTMENTS ARE NOT FDIC INSURED • ARE NOT BANK GUARANTEED • MAY LOSE VALUE

SoFi Invest encompasses two distinct companies, with various products and services offered to investors as described below: Individual customer accounts may be subject to the terms applicable to one or more of these platforms.
1) Automated Investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser (“SoFi Wealth“). Brokerage services are provided to SoFi Wealth LLC by SoFi Securities LLC.
2) Active Investing and brokerage services are provided by SoFi Securities LLC, Member FINRA (www.finra.org)/SIPC(www.sipc.org). Clearing and custody of all securities are provided by APEX Clearing Corporation.
For additional disclosures related to the SoFi Invest platforms described above please visit SoFi.com/legal.
Neither the Investment Advisor Representatives of SoFi Wealth, nor the Registered Representatives of SoFi Securities are compensated for the sale of any product or service sold through any SoFi Invest platform.
For a full listing of the fees associated with Sofi Invest please view our fee schedule.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.


Tax Information: This article provides general background information only and is not intended to serve as legal or tax advice or as a substitute for legal counsel. You should consult your own attorney and/or tax advisor if you have a question requiring legal or tax advice.

Claw Promotion: Customer must fund their Active Invest account with at least $50 within 30 days of opening the account. Probability of customer receiving $1,000 is 0.028%. See full terms and conditions.

SOIN-Q324-009

Read more

Understanding Divorce and Retirement Accounts

Getting divorced can cause both emotional and financial upheaval for everyone involved. One of the most important questions you and your soon-to-be former spouse may have to decide centers on how to divide retirement assets.

Understanding the key issues around divorce and retirement can make it easier to untangle them as you bring your marriage to a close.

Taking Note of Your Retirement Accounts

The average cost of divorce can range from several hundred to several thousand dollars, so it’s important to know what’s at stake financially. Managing retirement accounts in divorce starts with understanding what assets you have.

There are several possibilities for saving money toward retirement, and different rules apply when dividing each. Here’s a look at what types of retirement accounts you may hold and thus will need to consider in your divorce.

401(k)

A 401(k) plan is a defined contribution plan that allows you to save money for retirement on a tax-advantaged basis. Your employer may also make matching contributions to the plan on your behalf. According to the Census Bureau, 34.6% of Americans have a 401(k) or a similar workplace plan, such as a 403(b) or Thrift Savings Plan.

IRA

Individual retirement accounts, or IRAs, also allow you to set aside money for retirement while enjoying some tax benefits. The difference is that these accounts are not offered by employers. There are several IRA options, including:

•   Traditional IRAs, which allow for tax-deductible contributions.

•   Roth IRAs, which allow for tax-free withdrawals in retirement.

•   SEP IRAs, which follow traditional IRA tax rules and are designed for self-employed individuals.

•   SIMPLE IRAs, which also follow traditional IRA tax rules and are designed for small business owners.

Each type of IRA has different rules regarding who can contribute, how much you can contribute annually, and the tax treatment of contributions and withdrawals.

💡 For more info, check out our guide on individual retirement accounts (IRAs).

Pension Plan

A pension plan is a type of defined benefit plan. The amount you can withdraw in retirement is determined largely by the number of years you worked for your employer and your highest earnings. That’s different from a 401(k), since the amount you can withdraw depends on how much you (and your employer) contribute during your working years.

How Are Retirement Accounts Split in a Divorce?

How retirement accounts are split in divorce can depend on several factors, including what type of accounts are up for division, how those assets are classified, and divorce laws regarding property division in your state. There are two key issues that must be determined first:

•   Whether the retirement accounts are marital property or separate property

•   Whether community property or equitable distribution rules apply

Legal Requirements for Dividing Assets

Marital property is property that’s owned by both spouses. An example of a tangible marital property asset is a home the two of you lived in together. Separate property is property that belongs to just one spouse.

In community property states, spouses have an equal share in assets accrued during the marriage. Equitable distribution states allow for an equitable — though not necessarily equal — split of assets in divorce.

You don’t have to follow state guidelines if you and your spouse can come to an agreement yourselves about how divorce assets should be divided. However, if you can’t agree, then you’ll be subject to the property division laws for your state.

If retirement assets are to be divided in divorce, there are certain steps that have to be taken to ensure the division is legal. With a workplace plan, you’ll need to obtain a Qualified Domestic Relations Order (QDRO). This is a court order that specifies how much each spouse should receive when dividing a 401(k) or similar workplace plan in divorce.

IRAs do not require a QDRO. You would, however, still need to put in writing who gets what when dividing IRAs in divorce. That information is typically included in the final divorce settlement agreement, which a judge must sign off on.

Protecting Your 401(k) in a Divorce

The simplest option for how to protect your 401(k) in a divorce may be to offer your spouse assets of equivalent value. For example, if you’ve saved $500,000 in your 401(k) and you jointly own a home that’s worth $250,000, you might agree to let them keep the home as part of the divorce settlement.

If they’re not open to the idea of a trade-off, you may have to split the assets through a QDRO. That could make a temporary dent in your savings, but you might be able to make it up over time if you continue to make new contributions.

You could skip the QDRO and withdraw money from your 401(k) to fulfill your obligations to your spouse under the terms of the divorce settlement. However, doing so could trigger a 10% early withdrawal penalty if you’re under age 59 ½, along with ordinary income tax on the distribution.

Protecting Your IRA in a Divorce

Traditional and Roth IRAs are subject to property division rules like other retirement accounts in divorce. Depending on where you live and what laws apply, you might have to split your IRA 50/50 with your spouse.

Again, you might be able to protect your IRA by asking them to accept other assets instead. Whether they’re willing to agree to that might depend on the nature of those assets, their value, and their own retirement savings.

If you’re splitting an IRA with a spouse, the good news is that you can avoid tax consequences if the transaction is processed as a transfer incident to divorce. Essentially, that would allow you to transfer money out of the IRA to your spouse, who would then be able to deposit it into their own IRA.

Divorce and Pensions

Pension plans are less common than 401(k) plans, but there are employers that continue to offer them. Generally, pension plan assets are treated as marital property for divorce purposes. That means your spouse would likely be entitled to receive some of your benefits even though the marriage has ended. State laws will determine how much your spouse is eligible to collect from your pension plan.

Protecting Your Pension in a Divorce

The best method for protecting a pension in divorce may be understanding how your pension works. The type of payout option you elect, for instance, can determine what benefits your spouse is eligible to receive from the plan. It’s also important to consider whether it makes sense to choose a lump-sum or annuity payment when withdrawing those assets.

If your spouse is receptive, you might suggest a swap of other assets for your pension benefits. When in doubt about how your pension works or how to protect pensions in a divorce, it may be best to talk to a divorce attorney or financial advisor.

Opening a New Retirement Account

Splitting retirement accounts in a divorce can be stressful. It’s important to know what your rights and obligations are going into the process. If you’re leaving a marriage with less money in retirement, it’s a good idea to know what options you have for getting back on track. That can include opening a new retirement account.

SoFi offers individual retirement accounts for people who want to invest with minimal hassle. You can open a traditional or Roth IRA online and choose between active or automated investing to fit your needs and goals.

Easily manage your retirement savings with a SoFi IRA.

FAQ

How long do you have to be married to get part of your spouse’s retirement?

If you’re interested in getting spousal retirement benefits from Social Security, you have to be married for at least one continuous year prior to applying. The one-year rule does not apply if you are the parent of your spouse’s child. Divorced spouses must have been married at least 10 years to claim spousal benefits.

Is it better to divorce before or after retirement?

Neither situation is ideal, but divorcing before retirement may be easier if there are fewer assets to divide. Getting a divorce after retirement can raise questions over how to divide retirement and non-retirement assets. It may also lead to financial insecurity on the part of one or both spouses if the distribution of assets is unequal.

Who pays taxes on a 401(k) in a divorce?

If you’re dividing up your 401(k) prior to divorcing then you would be responsible for paying any taxes or penalties owed. Waiting until after the divorce is finalized to split your 401(k) with your former spouse could reduce the amount of taxes and penalties you owe.


About the author

Rebecca Lake

Rebecca Lake

Rebecca Lake has been a finance writer for nearly a decade, specializing in personal finance, investing, and small business. She is a contributor at Forbes Advisor, SmartAsset, Investopedia, The Balance, MyBankTracker, MoneyRates and CreditCards.com. Read full bio.



Photo credit: iStock/FG Trade Latin

This article is not intended to be legal advice. Please consult an attorney for advice.


Tax Information: This article provides general background information only and is not intended to serve as legal or tax advice or as a substitute for legal counsel. You should consult your own attorney and/or tax advisor if you have a question requiring legal or tax advice.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

SoFi Invest®

INVESTMENTS ARE NOT FDIC INSURED • ARE NOT BANK GUARANTEED • MAY LOSE VALUE

SoFi Invest encompasses two distinct companies, with various products and services offered to investors as described below: Individual customer accounts may be subject to the terms applicable to one or more of these platforms.
1) Automated Investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser (“SoFi Wealth“). Brokerage services are provided to SoFi Wealth LLC by SoFi Securities LLC.
2) Active Investing and brokerage services are provided by SoFi Securities LLC, Member FINRA (www.finra.org)/SIPC(www.sipc.org). Clearing and custody of all securities are provided by APEX Clearing Corporation.
For additional disclosures related to the SoFi Invest platforms described above please visit SoFi.com/legal.
Neither the Investment Advisor Representatives of SoFi Wealth, nor the Registered Representatives of SoFi Securities are compensated for the sale of any product or service sold through any SoFi Invest platform.
For a full listing of the fees associated with Sofi Invest please view our fee schedule.

SOIN1122015

Read more
TLS 1.2 Encrypted
Equal Housing Lender