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Posted

Profit Sharing Plan that has J&S provisions, so requires spousal consent on distributions over $5,000.

Active participant is requesting a Hardship Distribution and has a balance of less than $5,000. Is spousal consent required?

Thanks.

Posted

Not if the hardship withdrawal is taken at a time when, as you explained, the vested benefits total $5,000 or less.

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

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