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The Daily Insight

Does spouse have to be beneficiary on 401k?

Author

John Thompson

Published Mar 09, 2026

If you are married, federal law says your spouse* is automatically the beneficiary of your 401k or other pension plan, period. You should still fill out the beneficiary form with your spouse’s name, for the record. If you want to name a beneficiary who is someone other than your spouse, your spouse must sign a waiver.

Who gets the $250 Social Security death benefit?

A surviving spouse or child may receive a special lump-sum death payment of $255 if they meet certain requirements. Generally, the lump-sum is paid to the surviving spouse who was living in the same household as the worker when they died.

How long does a beneficiary have to claim a 401K?

You have 10 years to take the money from an inherited 401(k) As a non-spouse beneficiary, funds from an inherited 401(k) plan must be distributed by the end of the 10th year following the year of death1. This is called the 10-year rule.

How soon after death does Social Security stop?

What you may not know is that SSA cannot pay benefits for the month of death. So for anyone receiving Social Security benefits, the benefit received for the month of death and any following months must be returned to SSA. For example, when a person dies in January, no benefit payment is due in February or beyond.

Does SSI pay for funeral expenses?

While the SSI program does not pay for funeral expenses, Social Security does award a small death benefit to surviving family members.

How long does a spouse get survivors benefits?

Generally, spouses and ex-spouses become eligible for survivor benefits at age 60 — 50 if they are disabled — provided they do not remarry before that age. These benefits are payable for life unless the spouse begins collecting a retirement benefit that is greater than the survivor benefit.

What is a wife entitled to when her husband dies?

California is a community property state, which means that following the death of a spouse, the surviving spouse will have entitlement to one-half of the community property (i.e., property that was acquired over the course of the marriage, regardless of which spouse acquired it).

Are inherited 401K protected from creditors?

IRA owners in most states will now have to take additional steps to protect their heirs from creditors after they die. Thus, all the assets in such a trust, including inherited IRA funds, receive legal protection from the beneficiary’s creditors after the IRA owner dies.