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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118772
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am in deep trouble with my house and my bills. My wife

Customer Question

I am in deep trouble with my house and my bills. My wife lost her job and got sick with cancer 2 weeks after. I have a prt time pension but they won't release it to me until 64 if I can't get it soon I will be homeless . I have 5 children and my full time job can't cut what I owe right now so is there a way I can force them to release my pension in lump some to save my house .
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to read your pension plan description, some pension plans have what they call "emergency clauses" which would allow the owner of the pension to withdraw the funds prior to being eligible in the case of a proven emergency. The plan sets the criteria for the emergency and what you need to prove to the plan to get the money.
If your plan does not have an emergency withdrawal provision, then I am afraid that legally any withdrawal is dictated by that plan description and as such they would not have to release the pension to you.