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My husband divorced and we had a QDRO.  He passed away and never named a new person on his life insurance or the 401k.  Neither one of us married, he had no children. Does it go to me his ex wife 

Posted

The terms of the plans would govern. 

1. Does the plan document automatically revoke beneficiary designations to a spouse upon divorce? Some do. 

2. If it does, (or there is no signed beneficiary form) the order of benefit named in the document governs. typically, spouse, children, sometimes parents, and then estate. I've never seen a document that includes ex-spouses in the order of default beneficiaries. So unless his parents are alive, likely whoever is getting the rest of his estate would get the money. 

I'm a stranger on the internet. Nothing I write is tax or legal advice. 

I'd like a witty saying here, but I don't have any. When in doubt, what does the plan document say?

Posted
1 hour ago, Susan knight said:

My husband divorced and we had a QDRO.  He passed away and never named a new person on his life insurance or the 401k.  Neither one of us married, he had no children. Does it go to me his ex wife 

Let's start with the obvious, what does the QDRO say?

 

 

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