Will I be responsible for taxes if I withdraw money from the 401K of my husband? 5 Answers as of January 09, 2011

You will not be responsible for any taxes owed by your husband if you file your tax returns separately and his 401K plan funds were in place before your marriage. There may be some other issues if you reside in a community property State. Check with a tax attorney in your State.

If you file married filing separately you are not liable for any taxes that he may owe.

Generally, your husband would be the only one permitted to withdraw money from his retirement account and as such, he would be liable for those taxes and penalties. You should contact your accountant and/or a tax attorney before proceeding to ensure that you know what your tax liability may be.

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If you file separately, you will not be responsible for the taxes for the IRA withdrawal.

Only your husband can withdraw money from his 401(k). Therefore, only your husband can be liable for the taxes on the withdrawal.