If One Spouse is Disabled, Can the Other Spouse Take Money From an IRA without the 10% Penalty?

If a husband is disabled, he can take money out of his IRA without incurring a 10% penalty. But, can his wife also take money out of her IRA (assume she is not disabled) without incurring the 10% penalty?If One Spouse is Disabled, Can the Other Spouse Take Money From an IRA without the 10% Penalty?
No, the IRA is an individual retirement arrangement. Only the owner of the IRA or their legal respresentative can take funds out.





Check www.irs.gov for hardship case info.If One Spouse is Disabled, Can the Other Spouse Take Money From an IRA without the 10% Penalty?
Having a disabled spouse is not itself an exception to the penalty for early withdrawal. However, if you or your spouse have medical expenses, you might be able to exclude some or all of the penalty on the nondisabled spouse's withdrawal to the extent the medical expenses exceed 7.5% of AGI.





You could also set up a series of substantially equal payments for at least 5 years (or until age 59.5, whichever is later) from the nondisabled spouse's account and exclude the penalty.





Another point is that the nondisabled spouse could set up a spousal IRA for the disabled spouse, assuming there is earned income. Any withdrawals from the spousal IRA would not be subject to penalty.
There is usually a hardship clause in your IRA or 401k plan. Check with your banker or other financial institution.
No. Only the totally and permanently disabled spouse can withdraw funds from their IRA without penalty.
It seems bit of a legal question, consult a lawyer!