New Jersey Agreement Replacing Joint Interest with Annuity
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FAQ
Jointly owned annuities are similar to annuities owned by a single person in that the death benefit is triggered by the death of one of the owners. This means that although the second owner is still alive, the annuity will pay out the death benefit to the beneficiary.
Partial exchanges are not allowed from life insurance policies. Any 1035 exchange from a life insurance policy must be for the full value of the life insurance policy. Historically, the 1035 exchange of an annuity contract required the exchange of an entire contract for a new contract.
A court issues the order and often divides retirement assets. However, if the annuity is nonqualified and taxes have already been paid on the money invested in the account, a QDRO is not required to split the annuity. Only the earnings are taxed upon withdrawal.
So what is not allowable in a 1035 exchange? Single Premium Immediate Annuities (SPIAs), Deferred Income Annuities (DIAs), and Qualified Longevity Annuity Contracts (QLACs) are not allowed because these are irrevocable income contracts.
An annuity purchased prior to marriage may not be subject to a division of property. However, if your annuity was purchased during your marriage, it may likely be included in the division of property. That may mean a contract split or total forfeiture by you or your spouse, depending on other conditions.
The most common disposition of an annuity in divorce proceedings is to split the annuity in half. This is typically executed by withdrawing half of the account value and giving it to one of the spouses.
A life insurance policy can be exchanged for an annuity under the rules of a 1035 exchange, but you cannot exchange an annuity contract for a life insurance policy.
The division of an annuity that is considered marital property must meet state law and insurers' rules about divorce. The passage of time affects the value of payments. A court may not consider certain annuities as marital property if they were purchased prior to the marriage and if no one made premium payments after.
For a transaction to qualify as a 1035 Exchange, the "old" contract must actually be exchanged for a "new" contract. It is not sufficient for the policyholder to receive a check and apply the proceeds to the purchase of a new contract. The exchange must take place between the two insurance companies.
Generally, the Section 1035 exchange rules allow the owner of a financial product, such as a life insurance or annuity contract, to exchange one product for another without treating the transaction as a saleno gain is recognized when the first contract is disposed of, and there is no intervening tax liability.
