Does Marriage Trump a Prior Beneficiary Designation Form?

[Scott]

Here's the situation. An unmarried 401(k) plan participant designates his mother as his beneficiary. He subsequently marries, but never changes his designation. He then dies. The plan provides that the beneficiary of the death benefit shall be a participant's spouse unless the participant is not married or the spouse consents to designation of someone else.

Am I correct that, despite the prior designation of the mother, the surviving spouse is entitled to the death benefit?

[Guest Milton Wright]

Yes, at least if the marriage was > 1 year before death.

[Guest DMK]

You need to look at the plan document to see if the 1-year requirement applies. Plans are permitted, but not required, to include this limitation.

[Guest Milton Wright]

Hence the "at least." But you're right, I should have spelled it out. Thanks for clarifying.