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

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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

Answers:

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

Answered 11 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.


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