- Jurisdiction
- Pennsylvania
Hi I have a Premarital Annuity with an Income Rider. I live now is Pennsylvania. If I were to get a divorce, I wanted to understand. NOTE: Married in 2013. I have a Premarital Annuity, but had the same funds since 1984, but just in different forms. Since 1984 this account started in a 401K match plan with my company (AT&T). I then left the company and rolled it into a Midland Annuity in 2001. Thereafter, I took this same account and rolled it in 2010 into a Prudental. This time it was a Variable Annuity with and income Rider (never invoked either the Annuity or Rider) and a cash value of 138K. The rider kicked in at 10 years, which would be 2020, but never invoked. MARRIED IN 2013. My husband wants to calculate the value of the annuity by using the Net Present Value and taking the rider amount of 11K yr and calculating TOTAL VALUE at 333K. I think the value should be the cash value of 138K. THIS IS THE QUESTION: IF THE NET PRESENT VALUE IS USED TO CALCULATE THE VALUE OF THIS PREMARITAL ASSET, THE COVERTURE FRACTION WOULD BE USED? IS THAT CORRECT? IF THE COVERTURE FRACTION IS USED, DOES PA LAW CALULATE THE TOTAL AMOUNT OF YEARS I HAD THIS MONEY SINCE 1984 (EVEN IT IT IS IN DIFFERENT FORMS), OR JUST WHEN I STARTED THE PRUDENTIAL ANNUITY? IT IS ALL THE SAME POT OF MONEY. PLEASE ADVISE