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She Pulled Cash From His $900,000 401(k) at 51 With No 10% Penalty. The One Divorce Rule That Waives the Under-59½ Tax the IRS Enforces on Everyone Else.
Divorcing spouses under 59½ can legally pull cash from a 401(k) without the IRS penalty that applies to everyone else, but the exception operates inside a narrow window that most people unknowingly close before they ever reach it.