vmh24rar Posted August 9, 2017 Posted August 9, 2017 Good day, quick question can 100% of my spouse 401k be left to his only child/my stepchild if he dies before he retires. Recently I have read by law the spouse has to consent to that which I have I not. I do understand if re retires and pull all the funds out of the 401k plan he can leave it to anyone he likes. Also do the ex-wife with a Qdro have any claims to it , because it says she is the surviving spouse int the qdro.
ESOP Guy Posted August 9, 2017 Posted August 9, 2017 If you are the current spouse then you have to consent for anyone other than you to be the primary beneficiary. Since your other thread question is about a QDRO note benefits covered under the QDRO are the ex-spouses. With a 401(k) plan, a spouse most likely doesn't have to consent for a distribution to happen so if the money leaves the plan and goes to an IRA that can change everything.
david rigby Posted August 9, 2017 Posted August 9, 2017 Read the Summary Plan Description (shorthand SPD) for your husband's plan. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
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