Lawmakers Reintroduce Bill to Strengthen Spousal Protections in 401(k) Plans

A renewed legislative effort is underway to add stronger spousal protections to defined contribution retirement plans, such as 401(k)s. Lawmakers in both the House and Senate reintroduced the Women’s Retirement Protection Act (WRPA) of 2025 last week, aiming to ensure that spouses cannot withdraw or borrow from shared retirement savings without mutual consent.

The bill, brought forward by Representative Lauren Underwood (D-Ill.) in the House and Senators Tammy Baldwin (D-WI) and Patty Murray (D-WA) in the Senate, mandates that both partners provide consent before any loan or distribution is made from a 401(k). Currently, one spouse can access and deplete these funds without the other’s knowledge or approval.

“As women strive for economic equality in this country, we must make sure they can retire with dignity,” Rep. Underwood said. “That means protecting their financial future and preventing a spouse from draining shared retirement savings without consent.”

Beyond consent requirements, the WRPA would provide federal grants to community-based organizations to support financial literacy and outreach, especially targeting working and retirement-age women. These grants would also help low-income women and survivors of domestic violence navigate benefit access through qualified domestic relations orders (QDROs).

Senator Murray emphasized the broader goal of addressing retirement disparities: “Women face greater barriers when saving for retirement—from unequal pay to more time out of the workforce to care for their families. I want to ensure every American can have a secure and restful retirement.”

The legislation is co-sponsored by a group of Senate Democrats and Independents, including Maria Cantwell, Richard Blumenthal, Mazie Hirono, Amy Klobuchar, Bernie Sanders, Ron Wyden, Chris Van Hollen, Tim Kaine, Elizabeth Warren, and Ed Merkley.

Several national advocacy organizations, including the National Women’s Law Center, Pension Rights Center, and AARP, are backing the bill. Karen Friedman, executive director of the Pension Rights Center, praised the initiative, stating, “Retirement income security should be a bipartisan issue, and we look forward to getting this bill over the finish line.”

If passed, the WRPA would mark a significant step in addressing gender-based financial disparities and improving long-term retirement security for millions of women across the country.

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