Spousal consent for default election of direct rollover

[Guest allisonperry]

I am dealing with a 401(k) plan that contains a QJSA normal form of benefit. We are involved in a merger & acquisition situation, and we would like to apply a default election procedure under which a participant's 401(k) account balance will be automatically directly rolled over if the participant does not respond to the distribution election form and notice within 30 days (essentially a negative, or default, election). Is this possible, or must the plan obtain affirmative spousal consent for the direct rollover? In other words, can a default election satisfy the requirement for spousal consent of a direct rollover?