PolicyBrief
H.R. 2023
119th CongressMar 11th 2025
Women's Retirement Protection Act
IN COMMITTEE

The "Women's Retirement Protection Act" aims to bolster women's retirement security through increased spousal protections in retirement plans, enhanced access to financial information, and grants for financial literacy and legal assistance.

Lauren Underwood
D

Lauren Underwood

Representative

IL-14

LEGISLATION

Proposed Bill Mandates Spousal Consent for 401(k) Withdrawals, Funds Financial Aid for Women

Okay, let's talk about the Women's Retirement Protection Act. This proposed legislation aims to tackle the documented gap in retirement savings between men and women by changing some key rules for retirement accounts and funding new support programs. The core idea is to give spouses, particularly women who often have lower lifetime earnings, more say and support regarding retirement funds.

Your 401(k) & Your Spouse: New Rules Ahead?

The biggest shift in this bill (Section 3) involves defined contribution plans – think your 401(k) or 403(b). Currently, unlike traditional pensions, you often don't need your spouse's permission to take distributions or loans. This bill would change that, generally requiring written spousal consent before a participant can take money out.

There are exceptions, though. Consent wouldn't be needed for:

  • Required minimum distributions (RMDs) Uncle Sam makes you take after a certain age.
  • Distributions where 50% of the money goes directly to the spouse's own IRA.
  • Small distributions under 25% of the account balance (but this exception can only be used once per account).
  • Setting up annuity payments for the joint lives of the participant and spouse.
  • Situations where there's no spouse, the marriage is less than a year old, or the spouse can't be located.

These changes would generally kick in for plan years starting one year after the bill becomes law (Section 4). This means couples might need to have more explicit conversations and agreements about accessing retirement funds before retirement age.

More Than Just Savings: Grants for Financial Smarts & Legal Help

The bill also recognizes that savings rules aren't the whole picture. It authorizes $100 million per year (starting fiscal year 2026) for grants (Section 6) aimed at boosting financial literacy specifically for women. These grants, starting at $250,000 each, would go to community organizations already working with women to provide education and counseling on retirement planning and personal finance.

Another $100 million per year (starting FY2026) is earmarked for grants (Section 7) to help low-income women and survivors of domestic violence navigate the legal process of obtaining Qualified Domestic Relations Orders (QDROs). A QDRO is the legal document needed, typically during a divorce, to assign a portion of one person's retirement plan benefits to their former spouse. The bill notes that retirement funds are often a major asset in divorce and that getting a QDRO processed can be complex and costly – this funding aims to ease that burden for vulnerable women.

Cutting Through the Fine Print: Easier Access to Financial Guidance

Finally, the bill includes a consumer protection piece (Section 5). It would require financial companies offering retirement products or services to provide a clear link to the Consumer Financial Protection Bureau (CFPB) website. The idea is to give people easy access to unbiased information and educational resources about retirement planning from the CFPB and other federal agencies, helping them make more informed decisions.