Congress made spouses automatic beneficiaries under 401k plans. (I am NOT sure as to whether this ALSO applies even to 401ks held PRIOR to the marriage.)
Normally a new beneficiary designation is filed, with your spouse's notarized consent. You should have your husband sign a waiver -- typically done in the form of a notarized document -- and the plan custodian has the needed forms.
This is intended as general information only, NOT legal advice. You are not my client and I have no obligation of any kind to you. To retain a lawyer I suggest you go to www.AttorneyPages.com.