Who Inherits Your 401(k) After a Denver Divorce?
Many people believe that finishing a divorce automatically wipes the slate clean. In Colorado, indeed, a divorce generally cancels your ex-spouse as a beneficiary in your will. The law updates your will automatically once the divorce is final. This gives many local couples a sense of security. However, this automatic safety net has one massive loophole that could put your hard-earned retirement savings at risk.
The truth is that Colorado’s automatic rules only apply to your will. They do not touch beneficiary designations on your financial accounts. Your IRA, your life insurance policy, and especially your 401(k) are governed by entirely different rules. If you named your spouse as the beneficiary on your workplace retirement account years ago, a divorce court ruling will not change that paperwork.
Why Your 401(k) Follows Federal Law
The big issue here is federal law versus state law. Most workplace retirement plans, like a 401(k), are governed by a federal law known as ERISA. A major U.S. Supreme Court case, Egelhoff v. Egelhoff, held that federal law prevails over state law in these types of cases.
Because federal law rules the day, the company managing your retirement plan must follow the exact plan documents you signed. If your 401(k) still lists your ex-wife or ex-husband, the plan administrator must transfer the money to them. Colorado’s divorce laws cannot stop it, and your modern estate plan cannot override it either.
Updating Your Plan Beyond Your Will
When life changes, your financial and estate plans must change with it. Whether you are busy hiking in the foothills or planning your next family ski trip, taking an hour to review your accounts can save your family from a future disaster. To protect your assets, you must manually fill out new beneficiary designation forms for every single account you own.
Don't leave your retirement savings exposed to old paperwork. Our team helps families throughout the Denver metro area navigate these complex asset rules. We can ensure that your current estate plan and your financial accounts work together seamlessly to protect your children and your future.
Protect Your Retirement Savings Today
Navigating the hidden traps of estate planning after a major life change is difficult. If you want to make sure your assets are fully protected, contact an estate planning attorney at The McKenzie Law Firm, LLC. We proudly serve families in Centennial, Colorado, and across the entire Denver metro area. Call us today at 720-821-7604 or click here to schedule a consultation to review your plan and secure your hard-earned savings.
The McKenzie Law Firm, LLC practices law exclusively in Colorado. This post is for general informational purposes only and does not constitute legal advice. Please consult a qualified attorney regarding your specific situation.
