Get Spousal Consent Form Sample

A special rule applies to 401(k) plans and other "qualified plans" governed by federal law: Your spouse is entitled to inherit all the money in the account unless he or she signs a written waiver, consenting to your choice of another beneficiary.

The IRS does not require 401(k) plans to ask for spousal consent when providing 401(k) loans to their participants. However, the 401(k) resource guide for plan sponsors includes a clause that allows 401(k) plans to ask for spousal consent when a participant requests a distribution.

Spousal Consent Arizona. California. Idaho. Louisiana. Nevada. New Mexico. Texas. Washington.

The spousal consent form is a standard exhibit. in virtually all franchise agreements. It protects the franchise interest from becoming implicated in a property dispute during a divorce. In short, this form is designed to protect franchisors from ending up in business with an ex-spouse of a franchisee.

Answer: A Spouse has an interest in your 401k and before that interest is given up -- as with a beneficiary change or withdrawal -- they must agree. Spousal consent rules with respect to qualified plans stem from the Retirement Equity Act of 1984 (REA).

When are 401(k) plans required to obtain spousal consent for distributions to participants? ANSWER: Spousal consent is required if a married participant designates a nonspouse primary beneficiary and may be necessary if a 401(k) plan offers one or more annuity forms of distribution.

I agree that my spouse may join in any amendment, restatement, or other change to the Agreement without any further signature, acknowledgment, agreement, or consent on my part or notice to me.

If you reside in a “community property state” (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), you need your spouse's consent to designate any primary beneficiary other than your spouse. This need arises from state property law.