We received a final decree of divorce 10 years ago. Just prior to the divorce ex's company appeared to be in financial straits (bankruptcy), and we were concerned about the holding company with regard to the 401K funds. We removed the funds from the account and he deposited the monies into a bank account with me as sole beneficiary pending the divorce ruling. The court ordered 50/50 disbursement of each of our respective pension and 401K accounts. We are in CA. and were married 22 yrs. We have never accomplished those disbursements to date. We have just let the account continue to accru, knowing the court order stands. Two years ago he remarried. The accounts have not changed in any respect. The names still only include his and mine. If something were to happen to him would she have any claim on these accounts that occurred before their marriage? I am now looking into getting this matter completely settled, but would still like to know the legalities. He has always said that if something happened to him to make sure that our children split his half, which I would make sure happened, but now even though I am sole beneficiary on the 401K account, I wonder if new spouse has any claim to this part of his life. Is there a term period on a court order of divorce? What are the new spouses rights with regard to this issue? Further, he wants his children to remain the beneficiaries to his portion of his retirement investment which were established prior to new spouse and in his sole name (so to speak).