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401k-Walk Away From Temptation 

Even if you were a stay at home parent, you might be entitled to part of your spouse's 401k plan.  Be sure to make yourself familiar with the laws in your state regarding the division of retirement plans.  If you are, be sure you know the tax laws.  Early withdrawl from a 401k plan can allow the IRS to tag you with a 10% penalty and depending on what tax bracket you fall in, a 25% or higher chunk of income taxes right off the top if you take the money in cash.

When you become single again, and the responsibility of taking care of yourself, children if you have them, and your part of the bills is a reality, it can be tempting to take that as cash, but my advice to you would be, "DONT."

You are starting over, but you don't have to start over without any savings.  If the order is written right, you can roll your share over into a retirement plan in your name without the taxes and penalties.  You may wish you had that money now, but twenty years down the road, when it's time to retire, you'll be glad you didn't.  It's never too early to worry about your future.
by Dorene-Page  208 Posts 

Posted on 2/29/2008 10:05 AM
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Tags: retirement , 401k , divorce , taxes
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