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 experienced Saratoga Divorce Lawyer Jean Mahserjian for guidance.