How much of my husband’s annuity am I entitled to when we divorce in two months?

Question

I married in 2012. There is a legal separation in progress. He wants me to sign off the annuity saying I can only get one year out of his annuity.

Robert De Groot · Answer

You need the advice of an attorney who knows all the facts.

Tina Fox · Answer

If you just married him in 2012, take the 1 year and run b/c you are not legally entitled to that much!!!

John Brennan · Answer

Sign off nothing, indeed sign nothing at all, until you have counsel. Other than that, your question does not have sufficient detail to answer further.

Dennis P. Mikko · Answer

This is a very short term marriage.  As such, at most you might be entitled to one year's interest in the annuity but it would not be surprising if the court awarded you none of the annuity and essentially placed both of you back in the position you were in prior to the marriage.

Erin Farley · Answer

In general, you are entitled to 1/2 of the community property ("CP") interest. The CP interest begins to accrue at date of marriage and stops accruing at date of separation.

John Kirchner · Answer

All you are "entitled to" is whatever you and your husband agree is "fair" in the context of the overall financial situation OR whatever a judge says you should receive as after reviewing the overall financial situation.  Colorado law requires a court to equitably distribute the marital property, but that principle applies to the overall settlement - not each individual item.  You don't indicate what kind of "annuity" is involved, so it isn't possible to accurately assess your husband's claim that only one year is possible; however, he probably isn't accurate in his claim.  But, if you have been married less than a year, it is quite possible that the marital portion of whatever kind of annuity is involved is minimal.

Barbara Peyton · Answer

You are only entitled to one-half of what ever was earned during the marriage by virtue of his efforts  not passive increases due to interest.  You may be entitled to nothing from the annuity if he didn't contribute any earnings income to it during your marriage.

Tajara Dommershausen · Answer

That would be correct.

Robert Jensen 'Bob' Matlock · Answer

Only property acquired during the marriage is community property and subject to division.  If the annuity was acquired prior to the marriage, it is his separate property or at least is primarily his separate property.  I suggest you hire a lawyer to sort out the community vs. separate property interests.

Elizabeth Jones · Answer

That sounds about right you have only been married one year.

Richard Peacock · Answer

This is a very fact specific determination made by the Courts.  You should consult with a local attorney immediately regarding this matter.

Loren Zahn · Answer

While this question is difficult to answer without more information, annuities are comparable to pensions. If you have been married for less than a year, your interest in the annuity, if any at all, is very small. I would need additional information to give you a better answer than that.

Anne Howard · Answer

Depends on length of marriage and when annuity was started. It has to be valued to determine what your share is. See an attorney do not sign off.

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How much of my husband’s annuity am I entitled to when we divorce in two months?

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