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Spousal Consent in Retirement Plans


Guest mschnapp
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Guest mschnapp

What are spousal consent rules for distributions from 401k plans?

Please site the laws or codes applicable to spousal consent.

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The Internal Revenue Code and ERISA rules that impose spousal consent requirements on private retirement plans do not apply to governmental plans. (You can click here for a list of the rules that do and do not apply to governmental plans.) Thus, spousal consent requirements, if any, would come from the plan document or from applicable state and local law.

Employee benefits legal resource site

The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.

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Carol's resource is quite good.

However, you asked a question about 401(k) plans, even though you posted it to the Governmental Plans Message Board. Do you mean your question to apply to a governmental plan, or to a typical (non-governmental) 401(k) plan?

You are welcome to post any question, but it helps to have it posted to the correct board.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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