Surviving Spouse?

[Guest ptpnthr]

We have a 401(k) plan with a participant who retired and deferred payment of her distributions. She is age 62 and will probably take a distribution soon. She is getting divorced now and wants to change her beneficiary to her children. If the QDRO does not name her soon-to-be-former husband as the surviving spouse, can she change it to her children? Or do you like at the date she retired and if he was the spouse on that date then she has to get his consent, QDRO or not?

[david rigby]

Marital status at the date of distribution is important. But the plan probably already says this. The PA should probably review its QDRO procedures (you have that, don't you?).

[QDROphile]

No change in beneficiary without spouse consent. Until the effective date of the divorce, she has a spouse. After effective date, no spouse so change has no contraints except other plan terms. It would be an unusual QDRO that would have anything to do with this point. A QDRO could more or less override the effect of a beneficiary change.