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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.
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.
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?
great strategy. I will look for a forensic accountant.
Thanks for the tip!
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