I receive an annuity from the death of my mother, is my wife entitled to half?

UPDATED: Oct 5, 2010

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I receive an annuity from the death of my mother, is my wife entitled to half?

I receive an annuity from the death of my mother when I was 3. Now I’m 24 and separated. Can my soon-to-be ex-wife be legally be entitled to any of that annuity?

Asked on October 5, 2010 under Family Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under the circumstances,and based on the facts as your presented them, typically such an annuity would be categorized a separate (not marital) property.  As such it would be your sole asset not be divided as per NC equitable distribution law.

Note:  To the extent that any money from this annuity was used to purchase, improve or otherwise obtain or add value to marital property, your spouse may have rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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