The requirement of spousal consent depends on your state of residence. Do you live in any of the following states, known as "community property states"?
- New Mexico
If you reside in any of the above states, their state property laws require that you obtain your spouse’s consent to designate any primary beneficiary other than your spouse.
Even if you don’t currently reside in a community property state, we still recommend that you still get spousal consent. This can be useful if you previously resided in a community property state or move to one in the future. You may want to consult an estate attorney for advice about your personal circumstances.