If an IRA owner names someone other than the spouse as beneficiary, must the spouse signoff (i.e. spousal consent) on this, as in a qualified plan? I read through Publication 590 and do not see any reference in regards to this issue. Thanks for any replies.

No spousal consent necessary for owner to take withdrawals from an IRA. It is truly an INDIVIDUAL retirement account.

It may be required in Community Property States. We provide a simple waiver with a caveat that clients should seek legal advice to determine if the waiver is satisfactory for their state. We do not police nor require the waiver.

Marital property State too…

Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington and Wisconsin ,

The marital property state is Wisconsin

I believe a few custodians require a sign off - mainly to protect the custodian, not you.

I think you should consider this an area of emerging law. I would not assume that the answer you find for your location could very easily change in future years.

Reminder: do specify secondary beneficiaries! If the primary beneficiaries die before you, you want to be sure that your wishes are known. Also, this allows the primary beneficiary a choice to decline all or part of the assets. Example: my wife is the primary beneficiary on both my Roth and IRA. My daughters are secondary. If I die before my wife, she can take the assets or decline all or part, and the residual will be divided among my daughters. Its sort of a basic estate planing toggle.

Now that CA has allowed same sex marriages how will custodians comply with spousal consent? Of course, there will be no spousal benefit under the IRC such as tax free rollover or exemption from gift tax for such transfers.


What if the CA court decision is overturned by a referendum in Nov election?