by 
salnick
ANSWERS: 2
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Depends on the company who controls your 401k, but normally you have to pay an early redemption fee and pay taxes on what you take out either that same tax year or the next.
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The rule is: if you take the money out yourself you will pay taxes and 10% penalty. Some 401ks do not allow for any kind of premature withdrawal while you are an active participant. You should check your divorce decree and see if they wrote in a QUADRO then the money can come from the 401k without any penatly to you.
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