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Distribution - spousal consent


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Guest jimmybeau
Posted

If a 401(k) plan does not offer QJSA as a distribution option, do I need spousal consent to do a cash out distribution greater than $5,000? I have looked in several books and really can't get an answer.

I sure appreciate any help.

jimmy

Posted

Distribution forms don't matter in determining if QJSA applies. If plan has old Money Purchase money or profit sharing funds which have QJSA provisions then you need spousal consent. This varies by plan and could be either way - depends on how sponsor set it up.

You need to read the summary plan description to know what your options are.

JanetM CPA, MBA

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