Divorce Source Community Forums >> Pension Issues

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recently joined

Reged: 05/07/08
Posts: 1
Loc: Michigan
Divorce and Annuities
      #399583 - 05/07/08 03:52 PM

Hi, new here, obviously for a reason. My wife and I are getting a divorce. Seems things are going to be amicable for now. I want to prepare myself in case they go bad. Her mother and father say I need to protect myself in light of my wifes recent behavior swings. My question is a Putnam Allstate annuity in her name via her grandmother in 2000. Her grandfather died and they set up an annuity for her. We were married in 03'. If things get sticky and she plays games do I have a right to a portion of the annuity?

Thank you in advance. Thoughts and prayers to those struggling through divorce.

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old hand

Reged: 10/27/05
Posts: 860
Re: Divorce and Annuities [Re: Kingston]
      #399756 - 05/07/08 11:51 PM

NO. Assuming it is in her name only. She never put you on it you are not entitled to any of it. Pre marital asset.

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Carpal \'Tunnel

Reged: 06/02/04
Posts: 8182
Loc: This Asylum --->
Re: Divorce and Annuities [Re: jaiye]
      #400371 - 05/09/08 08:53 AM

It is not likely. Each state has property laws that identify what is marital property and what is non-marital. Marital property is presumed divided in a divorce,. Non-marital property is not.

In Michigan, the following are things generally not considered to be marital property:

(1) Assets accumulated while cohabitating prior to marriage;

(2) Property received as an inheritance by one spouse that is kept separate from marital property;

(3) Increases in the value of a separate asset that are the result of passive appreciation (e.g., interest)

It would seem that the property you describe is both category 1 and 2.

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Reged: 05/14/08
Posts: 64
Re: Divorce and Annuities [Re: Maury]
      #403449 - 05/18/08 07:11 PM

you give great infor maury

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