Legal Question in Family Law in Arizona

401(k) beneficiary

Does a divorce automatically remove the wife as beneficiary of the husband's 401(k) plan?


Asked on 2/06/01, 5:10 pm

1 Answer from Attorneys

Re: 401(k) beneficiary

No. In fact, once the divorce is started, you are not allowed to make any changes to the beneficiaries.

However, once the divorce is over, her interest in the 401(k) (if any) will be divided by an Order called a "QDRO". At that time, you are then able to make changes as to the beficiary of your remaining interest upon your death.

Please call if you have any further questions.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

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Answered on 3/20/01, 10:41 am


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