Do you have to list spouse as beneficiary?
Asked by: Dr. Mark Kreiger I | Last update: November 12, 2025Score: 4.6/5 (62 votes)
Does a spouse automatically become a beneficiary?
Many people assume that the surviving spouse automatically inherits everything. However, this is not the case in California. When a person dies without a will in California, their assets are distributed to their family members according to the state's intestate succession laws.
Do you have to list your spouse as beneficiary on life insurance?
A contingent beneficiary is the person you may name to receive your life benefit if your primary beneficiary is no longer living at the time of your death. Do I have to name my spouse as my beneficiary? No.
What states require a spouse to be beneficiary?
If you are married and your spouse is not named as your sole primary beneficiary, spousal consent is required in the following states of residence, which are community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas and Washington.
Can you name someone other than your spouse as beneficiary?
Yes, you can name anyone, including persons that you are unrelated to, as a beneficiary of your retirement accounts. However, you should note that some retirement accounts will require a spouse's consent if you name someone other than your spouse. Be sure to check the requirements if you are married or become married.
My Spouse Isn't My Beneficiary?!
Do I need to add my wife as a beneficiary?
If you are a resident of certain states, you may be required to list your spouse as your primary beneficiary and designate him or her to receive at least 50 percent of the benefit. In some states, you can name someone else with your spouse's written permission.
Does life insurance automatically go to your spouse?
Is your spouse automatically your beneficiary on life insurance? If you live in a community property state, your life insurance payout will automatically go to your spouse, even if you have named someone else the beneficiary.
What is the 10 year rule for spouse beneficiary?
Now there is a 10-year clean-out rule for many beneficiaries of inherited IRAs. The IRA funds must be distributed to them within 10 years of the owner's death. This requirement applies to many IRAs inherited after 2019.
Why is it a bad idea to name multiple beneficiaries for a retirement account?
It's generally a bad idea to name more than one beneficiary, for two reasons. First, if you name your spouse and someone else as beneficiaries, your spouse loses the special benefits and flexibility they would otherwise have. Second, it complicates things.
Who is considered the spouse beneficiary?
If your spouse is a US citizen or permanent resident who is sponsoring you for immigration through Form I-130 (Petition for Alien Relative), you are the “spouse beneficiary.”
Why is my spouse not the beneficiary of my life insurance?
There are several reasons a spouse might not be named as the beneficiary: The deceased spouse purchased the policy before the marriage and forgot to update the beneficiary. The deceased might have chosen someone else (such as an adult child or even a beloved charity) instead of a spouse to receive the benefits.
Can a spouse override a beneficiary on a bank account?
While a spouse doesn't override a designated beneficiary on a bank account, they may be entitled to a portion of the assets in a payable-on-death bank account if those assets are community property.
Can your beneficiary not be your spouse?
In most cases, the account holder can name a beneficiary, whether that's a child, another relative, or someone else other than their spouse. In community property states, though, a spouse can inherit an IRA or must approve of the account holder's designated beneficiary in writing.
Does everything automatically go to a spouse after death?
While some marital assets pass by default to the surviving spouse, some assets pass to the surviving spouse by way of beneficiary designations. There are two types of designations: payable-on-death (POD) designations and transfer-on-death (TOD) designations.
Do I have to name my spouse as beneficiary on life insurance?
A person also need not be related to the insured to be named as a beneficiary; California law allows policyholders to designate anyone they want to be a beneficiary.
What happens if my husband dies and my name is not on the house?
In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.
Who you should never name as beneficiary?
Estranged relatives or former spouses – Family relationships can be complicated, so think carefully if an estranged relative or ex-spouse really aligns with your wishes. Pets – Pets can't legally own property, so naming them directly as beneficiaries is problematic. Consider a pet trust instead.
Is a spouse automatically a beneficiary?
If you're not married you can choose anyone to be your beneficiary. However, if you're married, or are planning to get married, please be aware that by law, your spouse is your default beneficiary, regardless of who you may have been your beneficiary before getting married.
Who is best to list as a beneficiary?
A lot of people name a close relative—like a spouse, brother or sister, or child—as a beneficiary. You can also choose a more distant relative or a friend. If you want to designate a friend as your beneficiary, be sure to check with your insurance company or directly with your state.
Does a named beneficiary override a spouse?
A life insurance beneficiary designation usually overrides a current spouse or a will. Spouses in community property states must split the death benefit with the named beneficiary. Review (and update) your beneficiaries any time your situation changes.
At what age does RMD stop?
The SECURE Act of 2019 increased the RMD age from 70½ to 72 years. Now the SECURE 2.0 Act of 2022 is once again delaying the RMD age—from 72 to 73—starting in 2023. And wait, there's more. In 2033, the RMD age will increase to age 75.
What is a wife entitled to after 10 years of marriage?
The Benefits of Being Married Ten Years
In some states, such as California, in a marriage of ten years or longer, the court retains the right to order that alimony is paid to the lesser-earning spouse for as long as she needs it if the other spouse has the ability to pay.
Can I remove my wife as beneficiary?
If you're the policyholder and won't be supporting your ex after the divorce, you might be able to remove them. But if you have to pay alimony or child support, you may have to keep them as a beneficiary. Consult your divorce lawyer to determine if it's possible to remove your ex from your policy.
Should my life insurance go to my wife or child?
If you're married with kids, naming a spouse as a primary beneficiary is the go-to for most people. This way, your partner can use the proceeds of the policy to help provide for your kids, pay the mortgage, and ease the economic hardship that your death may bring.
Do beneficiaries have to give their social security number?
Yes. Banks may require the beneficiary to provide a Social Security number (SSN) for monetary transactions. This requirement is intended to verify that funds are distributed to the correct designated individual(s) listed in a will, trust, insurance policy, retirement plan, annuity, or other contract.