Anonymous
Post 07/05/2017 07:44     Subject: What happens in DC if spouse dies before divorce agreement is done?
Good lord I must still be drunk from last night!

401k defaults to spouse. Spouse needs to sign off if anyone else is designated beneficiary.
Anonymous
Post 07/05/2017 07:43     Subject: What happens in DC if spouse dies before divorce agreement is done?
Anonymous wrote:
Anonymous wrote:In the case of retirement plans, the spouse is the default beneficiary and if he wanted to designate any other beneficiary, you would have had to sign off on that.


I don't think that's true. Both my DH and I have named our kids as our beneficiaries, and neither of us had to sign off on the other's designation.


Not on a 402k plane itvdefaults tonspouse. Kids might be back up beneficiaries.
Anonymous
Post 07/05/2017 06:54     Subject: What happens in DC if spouse dies before divorce agreement is done?
Anonymous wrote:
Anonymous wrote:In the case of retirement plans, the spouse is the default beneficiary and if he wanted to designate any other beneficiary, you would have had to sign off on that.


I don't think that's true. Both my DH and I have named our kids as our beneficiaries, and neither of us had to sign off on the other's designation.


Your designations are not legal under ERISA. Spouses are the default beneficiary unless a waiver is in place. God forbid something were to happen to you, you would be setting up a lengthy issue with the plan administrator that will have to follow Federal and State law, regardless of your children being listed.

http://www.nolo.com/legal-encyclopedia/if-you-don-t-want-leave-retirement-accounts-your-spouse.html
Anonymous
Post 07/05/2017 06:46     Subject: What happens in DC if spouse dies before divorce agreement is done?
Anonymous wrote:In the case of retirement plans, the spouse is the default beneficiary and if he wanted to designate any other beneficiary, you would have had to sign off on that.


I don't think that's true. Both my DH and I have named our kids as our beneficiaries, and neither of us had to sign off on the other's designation.
Anonymous
Post 07/05/2017 06:42     Subject: What happens in DC if spouse dies before divorce agreement is done?
In the case of retirement plans, the spouse is the default beneficiary and if he wanted to designate any other beneficiary, you would have had to sign off on that.
Anonymous
Post 07/05/2017 02:26     Subject: Re:What happens in DC if spouse dies before divorce agreement is done?
If he removed your name from accounts while your still legally married you better run to a lawyer. Legally your either married or divorced, there is nothing in between. Typically if your still married and he dies, you gain control of everything.

Here's another tip in case he has a retirement plan that your entitled to, make sure payments continue to you after his death. Many won't so you need to make sure you have a life insurance policy on him. Once your divorced he can refuse to allow a life insurance policy on himself so make sure it's part of the settlement.
Anonymous
Post 07/04/2017 21:12     Subject: What happens in DC if spouse dies before divorce agreement is done?
We've been separated for two years and still haven't finalized a divorce agreement. My not-quite-ex recently started complaining of health issues and it occurred to me that I may be at risk of getting nothing I would otherwise be due in a divorce (unpaid child support, equalized retirement, part of other marital assets that are only in his name right now, etc.) if he dies before there is a signed agreement, is that right? I believe he changed the beneficiary designations to remove my name from his accounts. And if he's made a will, I'm sure it won't include me. Anyone have any ezperience or knowledge of how this is handled in DC, and if I should be worried enough to try to expedite this for this reason alone? (There are complicated reasons why it's dragged on.)