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That depends on the status of the married couple. A married individual is allowed to withdraw retirement funds early and without consent of the spouse if the fund allows it, and penalties are assessed.

The situation changes in the case of divorce. Most states follow a doctrine of equitable division of marital property at the time of divorce. If a married individual raids their retirement funds in anticipation of a divorce, the court has the power to make that individual reimburse the other spouse according to the court ordered division of property. You should consult with an attorney who specializes in divorce in your jurisdiction before taking that course of action.

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Q: Can your spouse withdraw money from his pension without your consent?
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