How are single life retirment anuities divided in 26 year marriage date of separation 2006 filed for divorce 2009

Asked 7 months ago - Pasadena, CA

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?

Attorney answers (2)

  1. Gregory Paul Benton

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

    Answered . 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.... more

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