Spousal consent needed for hardship?

[Guest Happy Actuary]

For a 401k or p/s plan that is not subject to the J&S rules, do you think thqt spousal consent is needed for a hardship withdrawal?

On the surface, it appears not to be needed. However, one of the conditions for the j&s rules to not apply is that the death benefit go to the spouse (unless waived). Wouldn't allowing hardships without consent eat away at this right?

Any guidance w/b appreciated!

[Alf]

If the plan is not subject to J&S, no distributions require spousal consent, including hardships. The ability to drain an account through hardships is no greater than through regular distributions.