401(k) Spouse Beneficiary is second wife
Husband is 401(k) plan participant. Divorced from first wife, but did not complete property settlement( community property state–State of LA). Marries second wife, who he names as sole beneficiary. Husband dies. Does first wife have a claim to an interest in former husband’s 401(k) plan account since a formal property settlement was never completed?
Permalink Submitted by Alan Spross on Sat, 2012-01-07 01:06
There may or may not be some provision in the plan that could help sort this out. Other than that, a family law attorney in LA should be consulted. One question would be what the status of the divorce is without the settlement, and if husband ends up with two wives, is the second marriage annulled?
Permalink Submitted by Julian Good on Sat, 2012-01-07 19:00
Second wife (C) of deceased husband(A) was sole beneficiary on date of death. Since property settlement with first wife(B) was never completed, first wife(B) is challenging fact that second wife(C) can be sole beneficiary. First wife(B) even refusing to sign QDRO order, which would give her 1/2 proceeds; second wife(C) willing to part with 1/2 proceeds just to be rid of first wife(B) re: this particular issue. There are other property issues that first wife(B) and second wife(C) are trying to settle as well. Very nasty. This is one enormous mess that deceased husband(A) left his second wife(C). Will probably need judge to intervene and make decision.