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SPerson
I own an annuity, and I have some questions.
1. Is my annuity safe from Creditors? 2. If I get sued can they take it from me?
3. I can transfer it to my wifes name, if I do that I will have to pay taxes on the earnings.Any other ways to get around this?
4. Any suggestions or help will be greatly appreciated.
CVCalhoun
These questions are virtually impossible to answer without a whole lot more facts. A lot depends on whether the annuity was issued in the context of an employer plan (e.g., a section 403(B) annuity) or in a commercial context. If it was issued in the context of an employer plan, it is also important to know whether the plan was a governmental or church plan, or some other kind of plan. If it was some other kind of plan, was it a plan which provided for employer contributions which were not taken out of your salary, or only for contributions which were taken out of your salary? And if it was a governmental or church plan, or a plan in which all contributions were taken out of your salary, then applicable state law would also be a factor--and that law would vary from state to state.

One option to look into, though, if the annuity is provided through an employer plan, would be a domestic relations order dividing up the benefits. My colleagues in the family law area tell me that at least in some states, such orders can be issued even without a divorce or separation. If this is true in your state, it could enable you to divide up the annuity with your wife without immediate tax consequences.
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Employee benefits legal resource site
SPerson
This is not a company sponsered annuity or any group plan. It is a personnal annuity issued in New York.
Thanks.
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