Going through a divorce, can she get my annuity and pension if she isn't the beneficiary? If she is, can I change it to my son?
1 Answer from Attorneys
Massachusetts has an equitable property division law. There are 14 mandatory factors and 4 optional factors for a judge to consider. The judge can divide all property owned by either party.
You cannot change the beneficiary to your son. Federal law prohibits changing the beneficiary of a retirement account for a married person without the signature of the spouse. In addition, once the divorce is filed and served you are subject to an automatic restraining order that prohibits transferring assets to your son.