How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13438
Experience:  Licensed experienced Attorney
26296561
Type Your Family Law Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

my husband has a disability annuity before we were married.

Resolved Question:

my husband has a disability annuity before we were married. how to I get this to be considered a marital asset to receive a bigger share of the actual marital assets
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your difficult situation.

Was this annuity designated for the lost earnings or for your husband's disability?

Please provide me with more details?
Customer: replied 1 year ago.


both

Expert:  Alex J. Esq. replied 1 year ago.
Dear Abby,

Thank you for your follow up.

How long have you been married?

Did either you or your husband file for divorce yet?

Are you being represented by a local experienced divorce attorney in your upcoming divorce?
Customer: replied 1 year ago.

21 years, my husband filed. yes I have a lawyer but he said it will be hard to include this as a marital asset. his lawyer will say its just income. it has been valued for 1.5m.

Expert:  Alex J. Esq. replied 1 year ago.

Dear Abby,

Thank you for your follow up.

Unfortunately, your local attorney is mostly correct.

Since the annuity was established prior to the marriage by your husband, you might have a partial claim to your husband's annuity related to the lost income, but not to any part related to a disability.

Your local attorney would have to make an argument to the court, that any part of the annuity related to the lost wages / income is part of the marital assets and he might have to bring an expert witness such as a forensic accountant to show to the court the actual amount of that should be considered marital property.

Also, such annuity would be included when it comes to establishing income for your husband for the purpose of an alimony.

I am sorry to deliver this tough news to you, but please do understand that I have professional obligation to provide JustAnswer.com customers with correct answers, even if the answer is not favorable to the customer.

I wish you the best of luck and please let me know if you have any related follow up questions.

Customer: replied 1 year ago.


is this true for Connecticut. Also CT is a fair and equitable distribution state. can I not use this to offset his share of the marital $$ for equitable distribution cause?

Expert:  Alex J. Esq. replied 1 year ago.
Dear Abby,

Thank you for your follow up.

This is true for Connecticut.

The real legal task for your local attorney will be proving and establishing to the court as to what part of the annuity is for the lost income and what amount should be considered to be a marital property.

Once your attorney accomplishes this task, and the amount of annuity subject to marital assets distribution is established by the court, you will be able to offset the marital assets distribution by the equitable share of your interest to the annuity amount which is deemed to be a marital asset by the court.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13438
Experience: Licensed experienced Attorney
Alex J. Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


great strategy. I will look for a forensic accountant.


 


Thanks for the tip!

Expert:  Alex J. Esq. replied 1 year ago.
Dear Abby,

I wish you the best of luck!

Thank you and please click on the excellent service rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
Alex J. Esq.
Alex J. Esq.
Family Lawyer
13438 Satisfied Customers
Licensed experienced Attorney