Exceptions to the 10% penalty for early IRA withdrawal

[njenkins63]

I'm trying to understand if my situation could possibly qualify for an exception for liquidating my IRA early.  My husband left me late last year and took his income with him, leaving me with a house not worth selling and a mountain of debt.  It was either liquidate my IRA to quickly pay down the debt so I could continue paying the mortgage or lose my home.  However, we are still not technically divorced, mainly because I couldn't afford the legal fees to file, and he won't pay for it.  

[DanaB27]

Unfortunately, it seems that you do not have an exception for the 10% early withdrawal penalty. Please review IRS Retirement Topics - Exceptions to Tax on Early Distributions.

Was the distribution from a traditional or Roth IRA?

If it was from a Roth IRA then please make sure you answer all the follow-up questions carefully and enter your net contributions. With a Roth IRA you can withdraw contributions you made to your Roth IRA anytime, tax- and penalty-free.  Only your earnings would be subject to income tax and the 10% early withdrawal penalty. 

1. Login to your TurboTax Account 
2. Click on "Search" on the top and type “1099-R”
3. Click on “Jump to 1099-R” and enter all your 1099-Rs
4. Click "Continue" on the "Review your 1099-R info" screen
5. Answer all the questions and make sure you enter the net contributions prior to 2021 on the "Enter Prior Year Roth IRA Contributions" screen
6. Answer the remaining question.

[bosso3]

I suggest you refer to IRS Publication 590-B, Distributions from Individual Retirement Arrangements (IRA).
https://www.irs.gov/forms-pubs/about-publication-590-b then click on the Publication 590-B link.

This explains situations for IRA Withdrawals.

Since you are still legally married, it is likely your tax filing status will be married.  Refer to https://www.irs.gov/help/ita/what-is-my-filing-status and click the "Begin" button at the bottom of the page to determine your filing status.

(What follows is not tax advice, it it personal advice.)   I suggest you find an attorney and begin divorce proceedings.  Explain your situation and see if you can find an attorney to help you now and get paid later, or perhaps get someone to help you at a reduced rate.  If you live in a community property state, you are entitled to and own half of the assets, income and debts of both spouses acquired during the tenure of your marriage, regardless of who earns it or purchased it.  This includes IRAs.  According to https://www.quickenloans.com/learn/community-property-states community property states include: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In these states, any assets acquired by spouses throughout their marriage is labeled as community property, regardless of who buys it.  California, Nevada and Washington also include domestic partnerships under community property law. 

If you live in a community property state, half of your spouse's income is yours.

My advice:  Do what it takes to get a lawyer and get moving on your divorce.  Get an interim court order to obtain your portion of your spouse's income, even if it means garnishing wages.

(End of personal advice.)