Are Beneficiary Designations Protected in Virginia?

Yes. Virginia automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuities.Va. Code § 20-111.1 (revocation of death benefits by divorce or annulment); § 6.2-607 (divorce extinguishes rights in multiple-party accounts); § 64.2-412 (revocation by divorce — wills and revocable trusts); § 64.2-418 (anti-lapse — wills and revocable trusts ONLY; does not reach beneficiary designations); § 64.2-620 (nonprobate transfers on death are nontestamentary); §§ 64.2-621 et seq. (TOD deeds — URPTODA; § 64.2-632(A)(2) lapse rule, § 64.2-632(A)(5) divorce revocation); §§ 64.2-612 et seq. (TOD securities — Uniform TOD Security Registration Act; § 64.2-616 ownership on death, § 64.2-619 optional LDPS substitution); §§ 6.2-604 et seq. (Virginia Multiple-Party Accounts Act; § 6.2-606 ownership during lifetime; § 6.2-608(B) POD survivorship; § 6.2-611 PR claims on POD/multi-party accounts); § 46.2-633.2 (TOD motor vehicle title); §§ 64.2-2500 to 64.2-2511 (Slayer Statute; § 64.2-2501 operative bar, § 64.2-2508 insurance proceeds); §§ 64.2-2200 to 64.2-2208 (Uniform Simultaneous Death Act; § 64.2-2201 120-hour survival rule, survival established by clear and convincing evidence); § 34-34 (retirement plan creditor exemption); §§ 64.2-308.1 et seq. (Article 1.1 elective share, decedents dying on or after Jan. 1, 2017; § 64.2-308.6 captures non-probate transfers into the augmented estate)Verified Jul 13, 2026 However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.

Virginia provides partial creditor protection for inherited IRAs.Va. Code § 20-111.1 (revocation of death benefits by divorce or annulment); § 6.2-607 (divorce extinguishes rights in multiple-party accounts); § 64.2-412 (revocation by divorce — wills and revocable trusts); § 64.2-418 (anti-lapse — wills and revocable trusts ONLY; does not reach beneficiary designations); § 64.2-620 (nonprobate transfers on death are nontestamentary); §§ 64.2-621 et seq. (TOD deeds — URPTODA; § 64.2-632(A)(2) lapse rule, § 64.2-632(A)(5) divorce revocation); §§ 64.2-612 et seq. (TOD securities — Uniform TOD Security Registration Act; § 64.2-616 ownership on death, § 64.2-619 optional LDPS substitution); §§ 6.2-604 et seq. (Virginia Multiple-Party Accounts Act; § 6.2-606 ownership during lifetime; § 6.2-608(B) POD survivorship; § 6.2-611 PR claims on POD/multi-party accounts); § 46.2-633.2 (TOD motor vehicle title); §§ 64.2-2500 to 64.2-2511 (Slayer Statute; § 64.2-2501 operative bar, § 64.2-2508 insurance proceeds); §§ 64.2-2200 to 64.2-2208 (Uniform Simultaneous Death Act; § 64.2-2201 120-hour survival rule, survival established by clear and convincing evidence); § 34-34 (retirement plan creditor exemption); §§ 64.2-308.1 et seq. (Article 1.1 elective share, decedents dying on or after Jan. 1, 2017; § 64.2-308.6 captures non-probate transfers into the augmented estate)Verified Jul 13, 2026 The level of protection may depend on whether the IRA was inherited from a spouse or non-spouse, and whether the case is in state or federal court.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for employer-sponsored plans such as 401(k)s, pensions, and group life insurance. Even if Virginia automatically revokes an ex-spouse upon divorce, ERISA-governed plans follow the designation on file with the plan administrator. The Supreme Court confirmed this in Egelhoff v. Egelhoff (2001) and Kennedy v. Plan Administrator (2009).

When no valid beneficiary designation exists, the asset typically passes to the account holder's estate and is distributed through probate under Virginia's intestacy laws. This can result in delays, additional costs, and the assets going to someone other than the intended recipient. See who inherits with the Virginia inheritance calculator.

No. Virginia does not default to per stirpes for beneficiary designations.Va. Code § 20-111.1 (revocation of death benefits by divorce or annulment); § 6.2-607 (divorce extinguishes rights in multiple-party accounts); § 64.2-412 (revocation by divorce — wills and revocable trusts); § 64.2-418 (anti-lapse — wills and revocable trusts ONLY; does not reach beneficiary designations); § 64.2-620 (nonprobate transfers on death are nontestamentary); §§ 64.2-621 et seq. (TOD deeds — URPTODA; § 64.2-632(A)(2) lapse rule, § 64.2-632(A)(5) divorce revocation); §§ 64.2-612 et seq. (TOD securities — Uniform TOD Security Registration Act; § 64.2-616 ownership on death, § 64.2-619 optional LDPS substitution); §§ 6.2-604 et seq. (Virginia Multiple-Party Accounts Act; § 6.2-606 ownership during lifetime; § 6.2-608(B) POD survivorship; § 6.2-611 PR claims on POD/multi-party accounts); § 46.2-633.2 (TOD motor vehicle title); §§ 64.2-2500 to 64.2-2511 (Slayer Statute; § 64.2-2501 operative bar, § 64.2-2508 insurance proceeds); §§ 64.2-2200 to 64.2-2208 (Uniform Simultaneous Death Act; § 64.2-2201 120-hour survival rule, survival established by clear and convincing evidence); § 34-34 (retirement plan creditor exemption); §§ 64.2-308.1 et seq. (Article 1.1 elective share, decedents dying on or after Jan. 1, 2017; § 64.2-308.6 captures non-probate transfers into the augmented estate)Verified Jul 13, 2026 If a named beneficiary dies before the account holder, the share typically lapses unless the designation explicitly includes per stirpes language or names contingent beneficiaries.