Divorce and annuity ownership changes (2024)

FAQs

Divorce and annuity ownership changes? ›

Instead of splitting the value of an annuity in a divorce settlement, the owner of an annuity product may choose to pass the ownership of the annuity to their ex-spouse. This essentially grants all rights and control of an existing annuity to the other party, where a new annuity contract goes into effect.

The transfer of ownership in an annuity may create an immediate income tax or gift tax liability. You many wish to consult with a competent tax advisor to determine how local, state, and federal laws may impact the taxation of this transfer of ownership.

Research from London School of Economics showed that women's household income fell by 20% after divorce, while men's household income rose by 30% after divorce. After age 50, the financial consequences for women become even more pronounced, with average household income sinking by 45%.

Marital property is generally defined as all income, property, and debts acquired during the marriage. That property is seen as owned equally by both spouses, and therefore will be distributed equally after the divorce, with a couple caveats.

Annuities can be divided between ex-spouses by directly withdrawing half the account value or offsetting it with other assets. A qualified domestic relations order (QDRO) may be required to divide the annuity contract and other assets, such as 401ks, pension plans and other qualified retirement accounts.

Annuity transfer rules govern which types of annuities can be transferred. There are two key rules to understand: Deferred annuities can be transferred if they haven't yet been annuitized, meaning payments have not begun. Immediate annuities cannot be transferred under any circ*mstances.

Rosenfeld from Stanford University discovered that women started almost 69% of all divorces among about 2,000 surveyed couples. However, in contrast, in unmarried relationships, there wasn't a significant difference in whether women or men chose to end the relationship.

Your monthly budget

In a typical divorce, half of your income streams will disappear since a two-income household will become a one-income household.

The More the Wife Earns, the Harder She Works at Home

Zeiderman contends that these women should receive a greater share of equitable distribution due to their greater contributions to the family unit. Moreover, while they may have to pay alimony, that may be set off by a greater distribution of assets.

That means you cannot empty your joint account unless your spouse consents or you get a court order first. If you are considering divorce, it's important to prepare financially. Our attorneys can advise you regarding what information you need to gather and how to address your fears of having no funds.

Does it matter whose name is on the mortgage in a divorce? ›

Does It Matter Whose Name Is on the Mortgage in a Divorce? While the name on the mortgage can influence who is responsible for the debt, it doesn't necessarily dictate how the property is divided.

Until the divorce is officially finalized, both spouses may still have shared financial obligations, but temporary agreements or court orders may determine the specific financial arrangements.

Your former spouse or their attorney can place a community property claim against your CalPERS pension at any time.

Taxable ownership changes: when ownership of a deferred annuity is changed to a person or entity other than described above, the transferred amount (account value) is treated as a distribution for tax purposes.

Selecting an Owner

The annuity owner has control of the annuity contract during the life of the annuitant and before the maturity date. The owner can surrender the annuity contract, change the beneficiary, or make partial withdrawals from the annuity.

– You may change the owner, but only to the current owner's spouse. – You may only add a non-spouse joint owner if younger than you. You can do this only once, and you cannot change it. – You CANNOT change the owner or annuitant of a qualified annuity (funded with pretax money).

What happens to the money in an annuity after the owner dies depends on the type of annuity and its specific provisions. Some annuities stop payments when the owner dies, while others continue to pay out to a spouse or other beneficiary. The annuitant decides on the provisions at the time the contract is drawn.