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What if I told you there’s a way to access your 401(k) before age 59½ without paying the 10% penalty—and it’s 100% legal?
In this episode of the Next Level Income Show, I sit down with Marcus Foote, a board-certified family law attorney who pioneered a strategy known as the In-Marriage QDRO (Qualified Domestic Relations Order). This financial strategy—originally used in divorce cases—can now be leveraged by married couples to unlock powerful tax and retirement benefits.
🎯 What’s an In-Marriage QDRO?
Traditionally, a QDRO is used during divorce to transfer retirement assets between spouses without triggering taxes or penalties. But Marcus discovered a little-known IRS clause: QDROs aren’t just for former spouses—they also apply to current spouses.
This discovery has allowed couples to:
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Access retirement funds early without penalties
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Delay Required Minimum Distributions (RMDs) by transferring assets to a younger spouse
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Move funds into IRAs or self-directed accounts
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Execute tax-savvy Roth conversions
🧠 Real Strategies, Real Benefits
Marcus shares how clients have used this strategy to unlock six- and even seven-figure sums, either to invest in alternative assets (like real estate) or to optimize their long-term tax exposure.
We also talk about how this applies to pensions, how to split large withdrawals across tax years, and how to use this for Roth conversions—a strategy that’s gained popularity among high-net-worth couples looking to future-proof their retirement income.
⚖️ Is It Legal?
Yes. This strategy has been tested in 34 states and approved by judges in over 93% of cases. While it’s not for everyone, the In-Marriage QDRO is a legitimate and powerful financial tool for couples who want more control over their retirement funds.
If you’re serious about optimizing your wealth, this is one episode you can’t afford to miss. 🎧
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Christopher Larsen is the founder and Managing Partner of Next-Level Income. Since “retiring” after 18 years in the medical device industry he dedicates his time to helping others become financially independent through education and investment opportunities. Chris has been investing in and managing real estate for over 20 years.
While completing his degree in Biomechanical Engineering and M.B.A. in Finance at Virginia Tech, he bought his first single-family rental at age 21. Chris expanded into development, private-lending, buying distressed debt as well as commercial office, and ultimately syndicating multifamily properties. He began syndicating deals in 2016 and has been actively involved in over $500M of real estate acquisitions.
In addition to real estate, Chris has invested in equities, oil & gas, and small business lending, as well as being active in Venture South, one of the nation’s Top 10 Angel Investing groups. Chris lives with his wife and two boys (and Viszla, Lucy!) in Asheville, NC where he loves spending time with them in the outdoors and enjoying the food and culture that the region has to offer.
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