My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
Normally, your spouse does not have any right to money you contributed before you were married or money that you alone inherited or were given. And the money you earned is yours to do with as you please if you and your spouse signed a valid agreement to keep all your property separate.
This IRA is no longer separate property as it was commingled with the community property of your marriage by adding your spouse as the beneficiary. If you would have named someone else originally besides your spouse then it could have kept itself as separate and stayed out as community propert.
If your spouse is excluded completely as a primary beneficiary or is named as a primary beneficiary, but provided a share of the IRA that is to be less than 50%, Washington law requires that your spouse must acknowledge a wavier of their rights to the share of a community asset, the IRA, by signing the beneficiary designation form. If you designate someone other than your spouse as a primary beneficiary and do not get a waiver signed in the waiver section on the beneficiary form, the beneficiary designation is invalid and your spouse's share of the IRA becomes a part of their estate, subject to disposition by will.
Generally, as a matter of administrative convenience, the account custodian will require a spouse's signature on the waiver section of the beneficiary form in all cases where the primary beneficiary designation includes anyone other than their spouse or in addition to the account owner's spouse.
To answer your question, you will now need a waiver from your spouse to remove the name from the IRA until the divorce is completed and they are no longer your spouse.
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