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my husband has a disability annuity before we were married.

how to I get this...
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
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Answered in 8 minutes by:
5/1/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
Experience: Licensed experienced Attorney
Verified
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?
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Customer reply replied 4 years ago


both

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?
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Customer reply replied 4 years 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.

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.

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Customer reply replied 4 years 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?

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.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
Experience: Licensed experienced Attorney
Verified
Alex J. Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 years ago


great strategy. I will look for a forensic accountant.


 


Thanks for the tip!

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.

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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
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