QUESTION
Can my husband remove me from his IRA as Beneficiary and use someone else?
Asked on Nov 30th, 2012 on Divorce - Michigan
More details to this question:
My husband wants me to sign off on his IRA as beneficiary and agree that he can choose someone else later on other than me. Without my signature, he was able to move the IRA to another account and take me off as beneficiary? We are going to get a divorce.
8 ANSWERS
Check with the plan administrator. As the spouse you may have rights under ERISA that prevent him from removing you involuntarily as the beneficiary.
Answered on Dec 05th, 2012 at 3:41 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Until something happens to require him to do something, he can do pretty much what he wants & there isn't anything you can do about it. You need to file for divorce and get all financial issues resolved fairly and according to law. Once a court decides what should be done, a court order might be issued that prohibits him from changing beneficiaries. That decision will be made in the context of the overall financial situation and either court rulings or agreements between the two of you.
Answered on Dec 04th, 2012 at 12:31 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Get a hearing to force him to put you back as beneficiary. Careful you don't know what else financially he's done life insurance etc.
Answered on Dec 04th, 2012 at 12:31 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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This asset will be part of the divorce proceeding. You should not sign anything until this issue is resolved, as you have a claim to a portion of this account. Consult with an attorney to protect your rights in this matter.
Answered on Dec 04th, 2012 at 12:30 PM
2 Awards
If you are in the process of getting a divorce, it is a good idea to speak to a family law attorney regarding this matter. Not only may you have some right to his IRA, a family law attorney will also be able to identify other assets in which you are entitled. While parties like to keep things amicable, a good attorney can help keep things fair.
Answered on Dec 04th, 2012 at 12:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should engage an attorney to represent you in the divorce. Generally IRAs are marital assets and split in the final decree. Sign or agree to nothing without legal counsel.
Answered on Dec 04th, 2012 at 12:29 PM
Steven D. Dunnings
That should not have happened. If you are divorced, you are still entitled to a portion of the IRA accumulated during the marriage .
Answered on Dec 04th, 2012 at 12:28 PM
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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You should not let your husband remove your name as an IRA beneficiary. When you or him file for divorce make sure you have a mutual restraining order against property transfer. This will prevent you and him from removing your name from the IRA, insurance, etc. You want to keep everything as it is until the judgment of divorce which will then divide the marital assets and debts. You need to contact an attorney.
Answered on Dec 04th, 2012 at 12:28 PM