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Asked 10/8/2007

If My husband has a 401K at work and I am older and retire before he does,can some of the 401 K be taken?

 
 
 
 
 
 
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Answer 1/3 - Submitted 10/8/2007

Only husband unless he passes away. After 55 with some restrictions and guidelines, after 591/2 they it can be withdrawn.

 
 

Answer 2/3 - Submitted 10/8/2007

Your husband can draw on the 401K plan while he is working under appropriate conditions. Once he is 59 1/2 years old, he can draw out any amount without penalties. The amounts he withdraws are subject to tax on ordinary income. Withdrawals before age 59 1/2 are subject to penalties.

it is also possible to borrow from the 401K, but that is not advisable.

 
 

Answer 3/3 - Submitted 10/8/2007

The simple answer to that would be no. His 401K so it is based off of him. The only possible ways to take out money early with-out penalties are a "qualified event" or heaven forbid your husband passed away. But in that unfortunate circumstance you would be the beneficiary and such subject to a whole new set of rules. Depending on your age you may have to roll it over or convert it before you are able to make withdrawls.
Your best bet right now would be to create a Roth IRA so you can withdrawl tax free before retirement age. Granted the only money you can take is the the money you contributed, but that will suppelement you till retirement. Course if you are already in your 50's it is a little late for that that. But if you're even 10 years from retirement age that still is $40k + you could contribute over 10yrs. better late than never
Good luck

 
 
 
 

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