I will be 62 yrs old in January and going through a divorce now. I am entitled to 1/2 of husbands 401k. Am I entitled to take

You don't provide enough information to properly answer the question. You should be hiring an experienced family law attorney to examine the plan as well as your divorce settlement to determine what you can do.

I agree with my colleague. You need to contact an experienced family law attorney to assist you.

This would be a good question for your lawyer, since you are currently going through a divorce. However, your question is pretty hazy. Has the court ruled of that you are entitled to one half of your husband's 401(k)? If so, as a QDRO been prepared and filed on your behalf? Once the QDRO is signed by the judge and submitted to the plan administrator, the plan administrator has the right to accept or reject it. If it is rejected, you will be told why. If it is accepted, the plan administrator creates your own 401(k). You can do with that as you see fit. If you are not yet to the stage of obtaining a judgment, you would need your husband's consent in order to get a portion of the 401(k). This would probably be treated as an advancement when you finally get your judgment. Bear in mind that all money and 401(k) is taxable at ordinary income rates when it is withdrawn. Consequently, you will be expected to pay income tax on the money. Finally, you may want to consult with Social Security in order to be sure that withdrawals from a 401(k) will not affect the amount that you receive in Social Security disability.