Spousal consent

[Guest MNR]

Question: Does a spousal consent is required if the participant is divorced, her former spouse is the beneficiary, there is no DRO or QDRO, he is not naming any other beneficiary and he wants to rollover the money? Thanks in advance for any comments.

[RCK]

No, there isn't a spouse to consent.

Unless of course they have remarried.

[Guest MNR]

Thanks for your reply RCK. Do you know the section #, notice, etc, that would address this issue and your particular reply? Thanks again.

[RCK]

The glib answer would be that it is just common sense--if there's no spouse, you don't need spousal consent.

But since common sense does not always prevail in this arena, I'd suggest Reg 1.401(1)-20 Q&A -27, which says that if it is proved to the satisfaction of a plan representative that there is no spouse, then spousal consent is not required.

RCK

[david rigby]

Not to be too picky, RCK has the correct Q&A, but it is in 1.401(a)-20.

Note (because I have seen this mistake) that it is the "plan representative" making this determination. Not appropriate to have the "notary" involved.

[RCK]

pax is of course right. I can read but I can't type . . . .

RCK

[Guest MNR]

Thanks for your help. I had already read about the plan representative and the section. Just wanted to make sure and you confirmed it.