Are Beneficiary Designations Protected in New York?

Yes. New York automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuitiesNY EPTL § 5-1.4Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). New York sets no spousal-consent requirement of its ownDRL § 236-B; EPTL § 5-1.1-AVerified Sep 15, 2026View source for an individual account.

New York provides no specific creditor protection for inherited IRAsCPLR § 5205(c)Verified Sep 15, 2026View source. After Clark v. Rameker (2014) held that federal bankruptcy law does not protect an inherited IRA, a state without its own statute leaves it exposed in bankruptcy.

No. New York does not default to per stirpes for beneficiary designationsNY EPTL § 3-3.3; § 13-3.2Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, the share lapses unless the designation says per stirpes or names a contingent beneficiary.