Legal Question in Family Law in California

Annuity in prior divorce

My husband has been divorced for about nine years. During his divorce, in his disclosure, he disclosed his pension and his annuity. The ex and her attorney, both signed off from receiving the annuity. She will get a portion of his pension. When my husband tried to borrow money from his annuity, we almost didn't get it, because the people that handle the annuities, said that because my husbands attorney disclosed it as an annuity, when they call it a Defined Benefit Contribution(Annuity). On the final papers, it is stated that she keeps her annuities and my husband keeps his, and they both signed the papers, and the final signed by the judge. How does my husband go about this ti keep the annuity for himself? Would the ex still be entitled to get this money when she signed it away with her attorney?

Asked on 7/12/06, 6:47 pm

1 Answer from Attorneys

Patrick McCrary Law Office Of Patrick L. McCrary
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Re: Annuity in prior divorce

Ex should sign off on documents provided by the annuity that the annuity is his sole and separate property. If she does not then bring a motion to determine it as his and ask for attorney's fees under Family Code 271. Good Luck, Pat

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Answered on 7/13/06, 10:37 am

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