Is spousal consent required for beneficiaries?
If you are married, your spouse may have to provide written consent any time you name someone other than your spouse as a primary beneficiary, or reduce your spouse's share below 100%.
IRA accounts
IRA Resources requires spousal consent for all married account holders who wish to designate a primary beneficiary other than their spouse. To do so, your spouse must sign the beneficiary designation form. Keep the completed form on file with the custodian.
Solo 401(k) accounts
The Solo 401(k) is governed by ERISA, which makes your spouse the default primary beneficiary. Naming anyone other than your spouse, or reducing their share below 100%, requires signed spousal consent. The consent must be witnessed and retained with your plan records.
Important note
Spousal consent requirements apply to primary beneficiary designations. They do not prevent you from naming non-spouse contingent beneficiaries in either plan type.
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Disclosure
This information is provided for educational purposes only and should not be interpreted as tax, legal, or investment advice. Readers are encouraged to consult a qualified professional who can offer guidance based on their personal situation.
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