Either way, you'll pay standard income taxes on any withdrawal. But if you qualify for the hardship withdrawal, then you won't see 10% off the top just fly into Uncle Sam's waiting pockets.
Financial hardship withdrawals are allowed for the following reasons:
* to buy a primary residence (the reason Quaid took his money, and the most common reason folks take hardship withdrawals according to the Investment Company Institute)
* to prevent foreclosure or eviction from your home
* to pay college tuition for yourself or a dependent, provided the tuition is due within the next 12 months
* to pay unreimbursed medical expenses for you or your dependents
You may qualify to take a penalty-free withdrawal if you meet one of the following exceptions:
* You become totally disabled.
* You are in debt for medical expenses that exceed 7.5 percent of your adjusted gross income.
* You are required by court order to give the money to your divorced spouse, a child, or a dependent.
* You are separated from service (through permanent layoff, termination, quitting or taking early retirement) in the year you turn 55, or later.
* You are separated from service and you have set up a payment schedule to withdraw money in substantially equal amounts over the course of your life expectancy. (Once you begin taking this kind of distribution you are required to continue for five years or until you reach age 59 1/2, whichever is longer.)
Full details:
http://www.401khelpcenter.com/mpower/feature_121902.html