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spouse must consent to the waiver of the annuity to receive a cash distribution of RMDs. Otherwise the RMD must be an annuity payment. Usually, the participant and spouse waive the annuity before RBD and the RMD is paid in cash.
If you take a rollover from your 401 (k) and put it in an IRA the spousal consent provision do not apply.
Your spouse can waive his or her right to the retirement benefit by signing a waiver. (In this way, they waive their rights as primary and alternate beneficiaries.) You can then designate a beneficiary other than your spouse to receive your retirement benefit.
Unlike traditional pension plans, private defined contribution plans like your 401(k) dont require spousal consent for early withdrawals. This may cause issues if one spouse uses the retirement funds without the others knowledge or consent.
If you reside in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), you need your spouses consent to designate any primary beneficiary other than your spouse. This need arises from state property law.
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People also ask

Unlike traditional pension plans, private defined contribution plans like your 401(k) dont require spousal consent for early withdrawals.
If you are married and your spouse is not named as your sole primary beneficiary, spousal consent is required in the following states of residence, which are community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas and Washington.
When are 401(k) plans required to obtain spousal consent for distributions to participants? ANSWER: Spousal consent is required if a married participant designates a nonspouse primary beneficiary and may be necessary if a 401(k) plan offers one or more annuity forms of distribution.

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