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New Member
posted Jul 12, 2020 2:51:00 PM

If I am over 59 1/2 but my husband is not. He lost his job three years ago and We have been living off his IRA. Do we have to pay penalty on his withdrawal ?

Does the owner of an IRA have to be over 59 1/2 or can the spouse withdrawal without penalty?

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3 Replies
Level 15
Jul 12, 2020 2:53:27 PM

His IRA is his alone so he must be age 59 1/2 or older to avoid the 10% early distribution penalty.

Level 15
Jul 12, 2020 2:54:11 PM

Sorry he has to be over 59 1/2 for his IRA.

Level 15
Jul 12, 2020 2:54:19 PM

Only the age of the owner of the IRA matters--not the spouse's age.  If the owner of the IRA was younger than 59 1/2 then the distribution is subject to the early withdrawal penalty and ordinary income tax.