Your divorce judgment may state what happened to your husband's retirement accounts upon divorce - at least it should state this.  In addition, your state's law may have some provision for what happens to beneficiary designations upon divorce.  Call your divorce lawyer and ask. Unless the divorce judgment or state law controls, it is likely that the beneficiary designation is valid and you will receive the 401k funds.  Those funds pass outside an estate.  Without a state law saying the designation became invalid when you and your husband divorced, you should receive the funds.