I am in need of a legal opinion as to whether or not spousal consent is required in California when an employee designates someone other than their spouse as primary beneficiary for their life insurance benefit. Since California is a community property state it seems as though it is implied but I can't find anything specific. I know it is required on retirement plans. I have gotten varying opinions on this issue and any help or references would be appreciated.

This would be found in the insurance section of California law, or just call up the California department of insurance. I don't think that you need the spouse's consent. But we don't give legal advice on this board.

Have you considered the fact that ERISA might preempt California law in this respect?

Our plans are considered exempt from ERISA as they are Church Plans. I have confirmed that ERISA doesn't preempt Calif. State law in this situation. I guess my main question is what do others do as far as including a spousal consent section on their life insurance beneficiary forms.

Life Insurance carrier is recommending it be added to benefidiary form and also be notarized...that's news to me! I've gotten numerous different opinions on this one!

We do not have a spousal consent form for employee life insurance. Our carrier has never requested one. We do use them for retirement.