Does 401k automatically go to spouse?
Table of Contents
Does 401k automatically go to spouse?
If you are married, federal law says your spouse* is automatically the beneficiary of your 401k or other pension plan, period. Even if your intended beneficiary is a domestic partner you’ve been with for 20 years, your spouse will have legal claim to your 401k if you die, unless he or she signs a waiver.
How long must you be married to receive survivor benefits?
If there was no common-law partner, it is the person to whom the contributor was married at the time of death. To be considered common-law, the couple must have lived together a conjugal relationship for at least one year (the partner’s gender is not germane).
Can I still collect my deceased husband’s Social Security if I remarry?
When a widow or widower, or a surviving ex-spouse, waits until age 60 or later to remarry, they preserve the right to collect Social Security benefits on their deceased spouse’s earnings record. They never increase — other than by annual cost-of-living adjustments — beyond the deceased worker’s entitlement.
