Spousal consent form for profit sharing plan during separation

Generally when I get new shares from my company’s profit sharing plan I need a spousal consent form signed from my spouse. Now that I have a separation agreement complete and notarized, which states that the shares are mine and my stbx-spouse cannot inherit them do they still need to sign that form? We’re not divorced yet due to the 1 year waiting period.

That will be a question for your company but if you have a separation agreement that fully resolves equitable distribution and clearly states you are separated, then any new shares that are awarded to you are your sole and separate property.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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