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-   -   Cashed in 401k for divorce expenses (https://www.askmehelpdesk.com/showthread.php?t=22109)

  • Mar 3, 2006, 06:45 AM
    funnyface
    Cashed in 401k for divorce expenses
    I was wondering now that tax season is in full swing, if I could get a tax break on my 401k money that I cashed out. I was told at one time divorce could be used as a hardship. I have two dependants and I made $32,000 last year. Any information would be helpful. Thank you.
  • Mar 3, 2006, 10:26 AM
    AtlantaTaxExpert
    FunnyFace:

    If the 401K was forced by the divorce as part of the settlement (under the exception for a Qualified Domestic Order), then you would not have to pay the 10% early withdrawal penalty.

    However, you do have to count the 401K distribution as normal income and pay the normal income taxes.

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