QDRO News & Analysis

401(k) Divorce Rule Waives 10% Penalty for $900,000 Withdrawals

Divorcing spouses under 59½ can withdraw cash from a 401(k) without facing a standard 10% early distribution tax, via a Qualified Domestic Relations Order (QDRO). This exception applies only to employer plans like 401(k)s, not IRAs. For example, if a non-working spouse, age 51, receives half of a $900,000 401(k) during divorce, she can access funds penalty-free if done correctly. Understanding this rule is essential, as missteps can lead to penalties, impacting cash availability for personal expenses. This matters for investors planning withdrawals from retirement accounts during divorce situations.