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Posted

I should probably know this, but it has not previously been an issue I've considered. Does the designation of a beneficiary other than the spouse of an employer sponsored life insurance policy require the spouse's consent? Does the answer change if it is a community property state?

Posted

If it is an ERISA-governed plan, then it should depend on what the plan document says.

If not, then state law dictates, and generally speaking, would be more likely to be required in a community property state than in non-community property states.

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

  • 2 months later...
Posted

J simmons,

If the corporate office is in a state that does not recognize community property but the employees lives in a state with community property (like Louisiana) does that mean the life insurance is also subject to the community property laws at the time of distribution? The life insurance policy we work with does not require the spouse to be the primary beneficiary. The employee can leave all their money to their boyfriend/girlfriend and neighbors kid :)

  • 3 months later...
Guest thevamp2173
Posted
J simmons,

If the corporate office is in a state that does not recognize community property but the employees lives in a state with community property (like Louisiana) does that mean the life insurance is also subject to the community property laws at the time of distribution? The life insurance policy we work with does not require the spouse to be the primary beneficiary. The employee can leave all their money to their boyfriend/girlfriend and neighbors kid :)

Can you tell me the company ur talkin about? I need a change of environment...lol

[edited to remove advertising link]

  • 5 months later...
Guest amndacatr
Posted

Does the designation of a beneficiary other than the spouse of an employer sponsored life insurance policy require the spouse's consent?

Absolutely, the beneficiary could be anyone or even any Institution and won't require any consent from the spouse as it is solely the matter of the person to name a beneficiary and it could be anybody of his choice and even the numbers doesn't matter here. The Spouse could only come in if the child is named as the beneficiary and is still under-age to be considered an adult, and that too if the spouse is the one who is taking care of the child, though there are plenty of more complications, but there are chances that the spouse could be considered as the guardian until the child is considered as an adult.

  • 2 years later...
Guest odessa477
Posted

Having a beneficiary does not need their consent but it is still good to at least let them know.

  • 3 weeks later...
Guest CimarronConsulting
Posted
Having a beneficiary does not need their consent but it is still good to at least let them know.

Actually, it is not a requirement. To wit, it is just part of the preference made by the insurance company. In some cases, just to add authenticity to the policy.

If you have problems with the consent from your spouse, you may talk with the company for simplification of the matter.

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