A female participant in a pension plan has a restraining order in place against her soon to be ex-spouse (they are still currently married, not legally separated, etc.).

In order to receive her pension distribution, a spousal consent is required. However, the restraining order forbids the husband from ANY contact with the wife.

How does one satisfy the consent requirement for a distribution in this situation since for all intents and purposes, it will be impossible to obtain a spousal consent to the lump sum distribution?

How about contact through attorney(s)?

Or any other third party- or by mail? Fact is, it is required- it she needs the money- she must find a way to obtain the spousal consent

You might want to check with the pension plan. Will they except a copy of the restraining order with a signature guaranteed letter of explanation regarding the circumstances?

Why not get the court to issue a QDRO awarding the entire pension to the wife/participant. then no spousal consent would be needed.

Would a domestic relations order that awards zero to the alternate payee satisfy 414(p)(1)(A)(i), which requires that the order create or recognize an alternate payee's right to receive all or a portion of benefits under the plan? Is zero a portion? Can you "create" nothing? Can you "recognize" something by taking it away? If the law is interpreted to allow QDROs for zero benefits, would everyone get nervous and feel they had to obtain a zero QDRO every time a plan is not divided? Such an order might be especially difficult to obtain before the divorce. Nothing in the QDRO statute that says a QDRO can take away a spouse's rights. The law is designed to give rights that someone does not have or recognize rights (e.g. community property) that need protection or enforcement.

A better approach is to go through the lawyers and the court, either through cooperation or order. Usually a lawyer can act in a representative capacity and can sign the consent on behalf of a client. That way, plan formalities can be observed.