legal separation..spousal consent

[Draper55]

I have a client who is getting divorced and wants to change his pension and profit sharing plan beneficiaries...

1.for the qpsa to be waived pre-divorce what needs to be present to use

the legal separation exception...something from the court?

2.is there a legal separation exemption on a profit sharing plan as well?(no j&s in the plan).

thanks for any responses

[david rigby]

Before anything else, does the plan answer either question?

[Peter Gulia]

David Rigby's point is well taken. Even if a plan could provide that the plan's administrator may accept a qualified election without the spouse's consent if the administrator is satisfied with a court's separation order, there are several reasons why a plan might not so provide.

[mbozek]

If he is getting divorced all of his marital assets are subject to division under state equitable distribution or community property laws. Court will determine spouse's interest in client's pension.

Participant needs to wait until divorce decree and qdros are approved before changing beneficiaries.