Spouse Consent Form

Spouse Consent Form – If you are planning to alter the way that your spouse gets benefits from your plan, you should have their written approval. Apart from having the signed form and a signed copy of the form, make sure you review the below information. The indirect IRRs, HSAs, 401(k) plans, and many more must all be able to fill out their specific forms to get your spouse’s permission. Learn more the details of these forms and the benefits they bring. After having reviewed this information then you’re able to move on by completing the procedure. Spouse Consent Form.

401(k) plans

The 401(k) plan could include a spouse consent form in the event that the plan has been designed in the form of an REA Safe Harbor Plan, that is exempt from the QJSA. If, however, the plan isn’t drafted in the form of an REA Safe Harbor Plan, the consent of the spouse is required prior to any other beneficiary being able to be identified. The goal in this post is to provide details regarding 401(k) plans as well as husband and wife consent forms. It is not intended to be an investment, tax or other legal information. For more information, please contact the benefits representative of your company.


In many instances the spousal consent form does not have to be filled out to open account IRA account. This is due to the fact that assets that are acquired prior to marriage are considered the sole belonging that of the husband or wife. In other situations the spousal consent form could be required, however. While it is not legally required certain institutions require this form. The banks and other institutions are not a fan of legal fights concerning assets. This is why it is crucial to take the time to examine your bank statements.


The consent of the spouse form is available for joint or individual accounts. The consent of the spouse form is usually not required for accounts that are solely individual. In the case of joint accounts, it’s mandatory only if the spouses use the account for the same reason. The spouse may choose to designate a single beneficiary, a trust or none in any way. The spouse agreement form must be completed by both the participant as well as the named beneficiary. If the spouse isn’t able be able to complete the form and the other participant has to sign it on behalf of the spouse.

Indirect IRRs

If you plan to transfer benefits of QRP, a qualified retirement program (QRP) to a different individual, you’ll require the consent of your spouse form. The form of consent form must be completed by both spouse and you. Direct rollovers for WRS benefits are a part of allocable after-tax contributions. They are considered to be being rolled over as last. If, however, your spouse isn’t the beneficiary designated by this account, then you need to be able to obtain the consent of the spouse before you can cash the money.

Removing the Hardship

Making withdrawals for hardships in the retirement plan can be a beneficial option to give peace of mind for your employees. But, you must be cautious not to overuse the program or misuse it. A large number of request for withdrawals from hardship could be a sign of fraud. In order to help employers learn how to get the most of this new benefits, BLR has prepared this guide on hardship withdrawals of spouse consent form. She was also the editor-in-chief for California Employer Resources and organized live events for the company.

Plan loans

A majority of money purchase and defined benefit pension plans require consent from a spouse before a person can withdraw or take loans from the plan. If the plan offers the survivor’s benefit at 50 then the spousal permission form is mandatory. Certain plans might require spousal consent prior to the participant is able to take out loans from the participant. There’s an exception, however, when the spousal consent form is completed prior to the participant is less than $5,000 in their vested balance.

IRAs that include REA Safe Harbor feature

If you’re married, and you have an IRA, you’ll need to complete the consent of spouse form to designate your spouse as the beneficiary of choice. The consent of spousal form is required by the REA safe harbor rules. The form is also mandatory by law for all qualifying retirement program. If you’re married and are a member of the civil union or a married in a registered domestic partnership, then you might not have to complete the form.

IRAs with consent of the spouse

Change of beneficiary for an IRA isn’t required to be complicated. The bank that holds the account must obtain spouse consent. They believed this would create the rights to property in the relationship. Although this is a rare one-off, banks usually don’t like dealing with legal disputes regarding assets. However, the institution might not require consent from spouses regarding IRA transfer. In this case, then you must look into shifting your account to another financial institution.

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Spouse Consent Form
Spouse Consent Form

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