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If there is a beneficiary other than the spouse, the spouse cannot override it. However, they are usually entitled to half the death benefit because the law splits community property in half. Half the benefits go to the spouse and half to the listed beneficiary.
Naming your estate as your beneficiary could give creditors access to your life insurance death benefit, which means your loved ones could get less money. It's also not recommended to list a minor as a beneficiary, because they have to wait until they're a legal adult to gain access to the payout.
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.
The Spouse Is the Automatic Beneficiary for Married People A federal law, the Employee Retirement Income Security Act (ERISA), governs most pensions and retirement accounts.
It depends on your state of residence. If you reside in a ?community property state? (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), you need your spouse's consent to designate any primary beneficiary other than your spouse. This need arises from state property law.