55 or over and lost job due to whistleblower retaliation. I used the money for attorney fees and to survive. Am I exempt from the 10% penalty?

[Marketstar · Accepted solution]

Your answer may depend on what retirement plan you are referring to

If you are referring to a 401(k), separation from service after age 55 will exempt you from the 10% penalty.

However, your attorney fees may be deductible.

To deduct legal fees, you must itemize deductions on Schedule A, and the sum total of your miscellaneous deductions including your legal fees must exceed 2% of your Adjusted Gross Income.