ERISA question

[Sweet Freedom]

Can anyone help me find information on ERISA signature requirements in Texas?

My SO and I are getting divorced. He lost his job while we were separated, but still married. He claims his 401K and pension were disbursed to him in one (tiny) lump sum, which he spent. I say if his pension was included in said (tiny) lump sum, my signature would have been required in order for him to get the money. My financial planner agrees, but my lawyer thought my SO's employer could decide.

Would my signature have been required (I never signed anything agreeing to a change of beneficiary which was me) and if so, can anyone direct me to something stating that? I've searched online and can only find this "rule" for specific companies.

Thanks!

[Sweet Freedom]

1. I guess I should clarify...

If the above assumption is correct, I'm looking for something "official" I can give to my lawyer.

[Hangingon]

2. If you have to get legal opinions to give your lawyer from the web

you should get a new lawyer.

[Sweet Freedom]

3. Thanks, but I just hired him

after firing another lawyer who royally screwed up my case. This new lawyer has uncovered numerous errors made by the previous lawyer. Today is my first official meeting with him and we've only discussed this ERISA issue in passing so I'm trying to to be prepared.

(In the past two years, a total of three lawyers and a mediator have missed this. Unfortunately, I could get a new lawyer everyday until the end of time and there will still be something they won't know.)