Does being laid off qualify for early withdraw penalty exception?

[kchampeau]

I was laid of December 2015, and withdrew my 401K in January 2016 to help with expenses.  Does being laid off qualify as an exception for early withdraw penalty?

[MichaelMc · Accepted solution]

Unfortunately, there is no exception for the reality of having to use your retirement funds to pay your bills following separation from employment.

If you take an early distribution from your 401(k) retirement plan, before age 59 1/2, you will ordinarily be subject to a 10% additional tax. There are several exceptions, which are nicely explained in this article: IRS Tax Topic 558 - Additional Tax on Early Distributions from Retirement Plans Other Than IRAs.

Since you took your distribution upon separation from service with your employer, you may qualify for an exception if you have reached age 55.