---
title: Are We Too Young to Take Money From Our 401(k)?
description: The owner of a 401(k) account must be at least 59 ½ to withdraw money penalty-free in most cases, but there are some exceptions.
authors:
  - name: Elizabeth O'Brien
    role: Deputy Editor
    url: https://money.com/author/elizabeth-obrien/
    bio: Elizabeth O’Brien is Money's deputy editor. She has covered personal finance for more than 10 years, with a focus on retirement planning and health care. Subscribe to her weekly newsletter, Retire with Money.
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published: '2017-01-26T11:00:59.000Z'
modified: '2024-05-16T12:10:01.000Z'
section: Retirement
tags:
  - 401(k)s
  - Ask the Expert
  - required minimum distributions
  - RMDs
word_count: 402
canonical: https://money.com/age-401k-withdrawals-penalty/
type: Article
source: structured-blocks
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![piggy bank hit with hammer](https://img.money.com/2017/01/170125_withdrawal.jpg?crop=0px%2C164px%2C2100px%2C1181px&quality=85)

**Q: We have a 401(k) retirement account and would like to begin withdrawing money so that our RMDs are smaller at age 70 ½. My wife is 61 and I am only 58 years old. What are the rules for withdrawals when one spouse is not yet 59 ½ years old?**

**A:** As you note, tax law generally requires that retirement savers begin withdrawing money from their traditional 401(k) accounts and IRAs at age 70 ½. These required minimum distributions (RMDs), which are taxable, are Uncle Sam’s way of finally getting his hands on money that has grown tax-deferred throughout your working life. Meanwhile, funds withdrawn before age 59 ½ are generally subject to a 10% penalty, unless you qualify for one of a limited number of [exceptions](https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-tax-on-early-distributions).

Taking some withdrawals before you get to 70 ½ can spread the tax burden over a longer period and help you avoid having the RMDs push you into a higher tax bracket.

A key question here: Are you the owner of the 401(k) you mention? If so, you’re probably out of luck, says Richard Lavina, co-founder and CEO of Taxfyle, an app that bills itself as Uber for your taxes.

Ownership of retirement accounts is individual and the owner must generally reach age 59 ½ in order to withdraw the funds without the 10% penalty, Lavina says. Naming someone a beneficiary on the account doesn’t make him or her co-owner.

Another important question: Are you still working for the company? One instance in which you can [pull out money before 59 ½ penalty-free](https://money.com/retirement-withdrawals-age-55-401k-403b/) is if you leave your job in or after the year you turn 55**.**

Alternatively, if the 401(k) belongs to your wife, you're good to go.

To get a sense of the amount you’d need to withdraw if you waited until age 70 ½, check out this [worksheet](https://www.irs.gov/pub/irs-tege/uniform_rmd_wksht.pdf). One factor to consider in weighing earlier withdrawals is your tax bracket at various points in time. If you are currently working, do you anticipate dropping down a bracket when you stop full-time work?

Many retirees do [drop down a tax bracket](https://money.com/cut-taxes-retirement-roth-ira/) in early retirement. If you’re one of them, you’ll pay a lower rate on your withdrawals then than you would now, when you’re still working. One caveat: President Donald Trump has proposed collapsing today’s seven tax brackets into three, and if he gets his plan through Congress your math could change.

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