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by Anonymous on November 16th, 2006

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Ask a question about 401k Funds I have a legal separation agreement with my wife. In the agreement it states exactly what support that I provide her. Can I take a early withdrawal of my 401K without her consent?

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  • by Mrs.mezzo is a Wagnerian soprano on November 16th, 2006

    Mrs.mezzo is a Wagnerian soprano

    That depends on whether or not your spouse signed a consent waiver. ERISA requires that the distribution waiver form be witnessed by a plan representative or a notary.

    If she did not sign a waiver and/or it was not properly witnessed or notarized then yes, you do need her consent.

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