Find Articles by Topic:

Nolo Logo

Since 1971, Nolo's goal has been simple: Make America's legal system accessible to everyone. Our website, books, software, online legal forms and lawyer directory help millions of individuals, businesses and nonprofits solve their legal problems each year.

Small text sizeMedium text sizeLarge text size Print this page
 

Why shouldn't I take an early distribution from my retirement funds?

Question:

I heard you can take some of your money out of your IRA, 401(k), or 403(b) earlier than age 59 1/2 without penalty. Can you give me some information on this?

Answer:

You heard right. But what might not have made it through your ear canals are some of the drawbacks involved in getting your hands on the cash early.

Getting money out of your IRA before you turn age 59 1/2 is a lot easier than getting money out of your employer's plan. With an IRA, there is nothing to prevent you from taking the money out whenever you want. But when you do take the money, you pay income tax. And if you happen to be younger than 59 1/2, you will also pay a 10% early distribution penalty, unless you qualify for one of the exceptions to the penalty -- for example, you die or become disabled.

Getting money out of your 401(k) plan before you reach age 59 1/2 is trickier. Most company plans will not allow you to take money out while you are still on the job.

The two big exceptions are hardship distributions and loans. To take a hardship distribution, you must satisfy the plan's definition of hardship. If you qualify, you will still have to pay income tax and an early distribution penalty on any money that comes out of the plan. The best alternative is a loan, if the plan allows one. But even if you are permitted to borrow from the plan, you must pay the money back with interest within five years, usually in installments.

The 403(b) plan rules are similar. And your best option with a 403(b) plan is also a loan.

Nolo posts updates to the latest versions of books and software when major legal or practical changes occur. To see if your product has had a recent update, search for that book or software and visit its product page.

All Retirement Planning products >

Find A Lawyer

Enter zip or city, state ("Boston, MA")

Attorney Profiles

Attorneys: Get Listed

Advertisement

Advertise Here

Nolo Partner

This service is operated by JustAnswer.
Nolo provides no guarantee of the information provided.