Parties separated. One spouse withdrew 401(k) balance but has accounted for the balance as of the date of separation. Was the written consent required of the non-participating spouse?
I must first say that this question could have a few different answers. If the 401 is in only one name then likely that person does not need the other person to withdraw from it. However if one spouse is taking from the 401 to hide money from the other side of a pending divorce then there are discovery rules and sanctions that may be available to the side that is being harmed. If the 401 is being taken out for something like repairs on a house, then it would benefit both parties.
I think that in order to truly get to what you are asking, you should consult with an attorney because I do not believe that your answer is as simple as a yes or no. I believe that there is a reason you want to know this. And your underlying reason may change an attorney's response as to the legality of the action.
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