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david Silva
May 10, 2009, 12:29 PM
I am 55 and my husband has been out of work for over six months... is there a hardship clause set up in the 401k that would allow me to access it without penalty... just paying the regular taxes?

ScottGem
May 10, 2009, 12:35 PM
First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

To answer your question, the answer is No. The hardship withdrawal criteria for 401(k) plans is to permit a withdrawal when the plan does not allow for one.

You didn't make it clear though. Are you referring to your plan or your husband's? If its is plan how old was he when he was terminated?

david Silva
May 10, 2009, 12:36 PM
I am experiencing financial difficulties and wanted to know if my 401k has a hardship clause that allows me to access it without penalty; I would still pay the taxes.

ScottGem
May 10, 2009, 12:40 PM
I've merged your threads, please respond to this thread if you need to follow-up.

If its your plan, you might consider taking a loan.