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Davis Divorce Law is open, processing current divorces and accepting new clients. Click here to read the full statement.

Whether or not a divorce qualifies as a “hardship” for a 401(k) withdrawal is not up to the Court. That decision would rest with the rules controlling your specific account. That said, if, as a result of your final decree in divorce (or another Order of Court which was made part of the action) you are ordered by the Court to make such a withdrawal, it is unlikely that the manager of your 401(k) could refuse you hardship withdrawal status.