Legal Question in Family Law in Massachusetts

Re: 401 k

I am sorry to hear of your "legal separation" and that your wife or ex- wife is terminally ill.

If you are actually divorced and as part of the divorce agreement/judgment, a Qualified Domestic Order issued binding the 401K Administrator to convey 50% 0f your plan to your former spouse when you reached age 62, irrespective of whether she was living at the time, she may have the right to leave that right to someone else in her Will.

It would be prudent for you to retain an attorney to advise you on this.

Re: 401 k

If there is a judgment of divorce, the property right has transferred. If this is only an agreement not approved by a court, it is probably not a Qualified Domestic Relations Order. In the latter case, it is probably not binding on the retirement plan administrator. Thta does not mean, of course, that her estate might not have a right.

You would do well to get advice from the lawyer who has gotten you as far as you are. He or she has a better idea of what YOU mean by "legally separated," and thus what orders and agreements may be binding.