Do I have to keep my wife as beneficiary for job related death benefits during our divorce?

Asked on May 23, 2012 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would have to check with your plan to be sure.  Some require that the spouse sign a waiver or opt out form if you want to change the beneficiary.  But generally you can have any beneficiary you want.  However, since she is named and the matter is proceeding to divorce, I might wait or at least tell your lawyer to advise her lawyer that you are changing it now.  If she were listed there as "spouse" and you died before the divorce she would probably get the funds.  If after the divorce you passed with out changing it I would venture to guess that your state would not allow her to collect.  They would require a re designation after the divorce to show your intent to leave the funds to her.  Good luck.


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