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If husband was an active employee, and earned more pension benefits after divorce, new spouse may be entitled to death benefits on portion of the total husband's benefits that was earned after divorce. Knowing the employment history, and having a copy of the QDRO may help. New spouse should contact the plan sponsor and inquire in writing.

I don't think I have an issue with the form of payment, assuming it is permitted by the plan document, but how does this solve his excess assets problem or allow him to terminate the plan?

Clarification based on Calavera’s correct observation: A post-QDRO event, including death of the participant, almost never causes any part of the benefit awarded to the alternate payee under the QDRO to become available for the benefit of someone else, such as the new spouse. A new spouse may have a benefit in her/his own right under the plan. The plan should always be approached after the death of a participant to determined what benefits are payable to a potentially interested person, such a spouse. Don’t expect to be capturing anything awarded to the former spouse under the QDRO.

@coleboy Feel free to to reach out to us by email at info@leadingretirement.com, or by phone at (206) 430-508! If you're interested in more information regarding company sponsored retirement plans for the cannabis industry you can check out our recent blog posts as well: Information on the legality of cannabis companies offering retirement plans: https://www.leadingretirement.com/blog/legal-cannabis-retirement-plan Common questions we hear regarding 401(k)s for cannabis companies, with answers: https://www.leadingretirement.com/blog/questions-answers-cannabis-retirement-plan Impacts of COVID-19 on Cannabis, and why now is the best time to consider employee benefits: https://www.leadingretirement.com/blog/cannabis-essential-employee-benefits How the lack of employee benefits in cannabis is limiting the industry's growth: https://www.leadingretirement.com/blog/cannabis-job-growth-employee-benefits 3 reasons why the ROBS business financing strategy is perfect for the cannabis industry: https://www.leadingretirement.com/blog/robs-cannabis-business-financing

I recommend contacting Ms Kirsten Curry, the owner of Leading Retirement Solutions. She has her JD and they've done a lot of work in this area. https://www.leadingretirement.com/solutions/cannabis-401k-plan