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The under 591/2 rule is pursuant to IRS Code and not New York Law. You would be subject to 10% penalty for the withdrawal under the circumstances. Click here for more information. However, you can withdraw as much as you want for your litigation expenses if your spouse is doing the same thing--if he using his property subject to equitable division to pay for his litigation expenses. Equitable does not automatically mean 50/50 eventhough the result may ultimately be 50/50. It could be 100/0; 90/10; 80/20; 70/30; 60/40; 50/50 depending on the review of factors. See New York Domestic Relations Law Article 13 Section 236 Part B subsections c and d:
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