Spousal consent requirement

[Guest Hans Lewis]

I have been retired for about 4 years and would like to start drawing out of my 457 Qualified Deffered Comp. Funded plan on a monthly basis. In completing the form, there is a "spousal consent" section. Unfortunately, my spouse and I disagree as to whether or not to take the funds. Since I earned it, should I not be able to withdraw some of it without spousal consent? It hardly seems fair to have the fund that I comtributed to be held hostage by someone who had nothing to do with its existance. Can I still get the funds without the signature if the plan administrator has signed the application? Is this really LAW or just a way for the fund manager to keep the funds in their account. Can someone advise with sources to back up answers?

Thank you,

[QDROphile]

The plan can be designed to require spouse consent for distribution, but no federal law requires it. Usually spouse consent is required only with respect to form of distribution or designation of anther beneficiary, but I am not aware of anything that prevents a more restrictive design. Who is responsible for the design and why the design was chosen may be hard to determine, not that it matters. Theoretically, the employer decides on design but governmental plans are often legislated and managment has no say. And it could be those greedy fund managers in conspiracy with those miserly spouses.