Review each document and account
Make a private checklist of wills, trusts, powers of attorney, health directives, retirement accounts, life insurance and payable-on-death designations. Ask an attorney which changes are permitted and appropriate, including any orders that restrict changes.
Many states have laws that revoke some ex-spouse beneficiary designations after divorce. The scope and exceptions vary. Do not assume this applies to every account, document or policy, or that it eliminates the need to update records.
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Federal plan rules can change the answer
ERISA can preempt state revocation-on-divorce rules for covered plans. A plan may follow plan documents and a valid QDRO rather than the result someone expects under a state statute.
Egelhoff addresses ERISA preemption and Sveen discusses revocation statutes in an insurance context. These cases are not a personalized answer or a statement of current law in any particular state. Ask an attorney and the administrator to review the actual plan, order and designation.
- Request written confirmation that permitted updates were accepted.
- Check primary and contingent beneficiaries.
- Coordinate survivor rights and QDRO provisions before changing retirement records.