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Can my husband take me off as beneficiary of his retirement account?

Jacksonville, FL |

not divorced

Attorney Answers 3


If your husband's retirement account is one of several different versions of a tax qualified retirement plan under the United States Internal Revenue Code, you may only be removed as a beneficiary if the form is signed by you as well as him. This rule does not apply to IRA accounts or other versions of what is known as non-qualified deferred compensation. You will probably want to consult a business attorney in your area to be sure what kind of account this is to really know the answer to your questions.

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As the other attorney answered: A spouse cannot be "taken off" as beneficiary of an ERISA retirement plan (401(k); 403(b); etc.) without the spouse providing written consent to do so (spousal waiver required). However, a spouse can be "taken off" as beneficiary of a non ERISA retirement plan (IRA) without the spouse providing written consent to do so (no spousal waiver required).

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In addition to the other answers you would probably like toknow that your husband cannot totally omit you from his will or trust. You have spousal rights in Florida unless you have signed a pre or post marital agreement.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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1 comment

James P. Frederick

James P. Frederick


Good to know. In Michigan, you cannot disinherit a spouse by way of Will, but you CAN disinherit a spouse with a Trust.

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