i was awarded half of ex's pension but judge did not award me the 750,000 life insurance policy we took out at time of retirement in 2003 to assure I wouldnt be left with nothing if he were to pass. when he dies I loose 2200 income from his single life annuity retirement plan and if I die he gets my portion back. i wanted to leave my half to a beneficiary but the judge said no. I now do not have the security of my retirement because he could die any day and it will be gone and I cant pass my benefit on to my kids if I die first. Is this fair?
I need to know if I should appeal?
This is a question you need to ask your family law attorney. You may also wish to consider consulting a family law appellate specialist. If it was truly a single life annuity benefit, the judge has no ability to grant you benefits not contained in the insurance contract.
Apparently, when you took out the annuity, you agreed to the single life plan which would terminate on the death of your ex. The result would have been different (and you collectively would have received less yearly income) if you had chosen a joint life annuity.
Unfortunately, as I see it, you are now stuck with the benefit of the bargain you struck in 2003 and the termination of all benefits when your ex dies.
SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>
Family Law Attorney
A cash value in an insurance plan IS divisible in a divorce matter. You would need to join the insurance plan or annuity plan to attach your benefits. Please seek the services of a skilled family law attorney.