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    assistlaw's Avatar
    assistlaw Posts: 1, Reputation: 1
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    #1

    Nov 2, 2006, 12:46 PM
    401k early withdrawal
    Can you withdraw from a 401 to satisfy a divorce settlement without penalty?
    TexanPatriot's Avatar
    TexanPatriot Posts: 16, Reputation: 2
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    #2

    Nov 16, 2010, 08:34 PM
    No.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #3

    Nov 17, 2010, 06:40 AM

    Yes. You need a Qualified Domestic Relations Order (QDRO) from the court, which specifies the distribution to your ex. Be careful - the QDRO must be properly prepared, or you run the risk of the distribution being taxable to you and also subject to a 10% early withdrawal penalty (which you woud haveto pay). Talk to your plan administartor to make sure all the correct information is present in the QDRO.

    More details here: What Happens to your 401k when you are Divorced?
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