Saratoga Divorce Lawyer on Accessing Your Part of Your Spouse’s 401K if They Die
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Are you looking to obtain your part of your deceased spouse’s 401K plan? Learn more in the following educational video, then give our attorneys a call to set up a free review.
Question:
What is important to know about accessing your part of your spouse’s 401K if they die?
Answer:
As a dedicated Saratoga Divorce Lawyer, I am often asked how one can gain access of their share of a spouse’s 401K plan if they are deceased.
- The rights of a non-titled spouse should not be impacted by the death of the titled spouse when a defined contribution plan, such as a 401K, 403B, or other money account is divided.
- It is best to have an agreement providing for the non-titled spouse to remain a beneficiary for their share of that fund until the date of division.
- Another order can then provide for transfer of their share to them and out of the plan.
Are you looking to obtain your part of your deceased spouse’s 401K plan? Contact our experienced Saratoga Qualified Domestic Relations Orders (QDRO) Lawyers today for a consultation and case evaluation.
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Client Reviews
“The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and her team for any legal needs.”
– Joseph Bona