If you are married, your spouse must consent to the loan or hardship withdrawal in writing, in the presence of a notary public or a designated Fund representative. Once your spouse consents, that consent is irrevocable for the life of the loan.
You do not need to get spousal consent if you can establish to the satisfaction of the Plan Administrator or Trustees that you cannot obtain consent because:
- You have no spouse;
- Your spouse cannot be located;
- Your spouse is incompetent and you have the consent of your spouse’s guardian; or
- You have a court order that you are legally separated or have been abandoned by your spouse and there is not a Qualified Domestic Relations Order (QDRO) that requires payment to the spouse.