South Dakota Agreement Replacing Joint Interest with Annuity

State:
Multi-State
Control #:
US-1340753BG
Format:
Word; 
Rich Text
Instant download

Description

An annuity is a life insurance company contract that pays periodic income benefits for a specific period of time or over the course of the annuitant's lifetime. These payments can be made annually, quarterly or monthly.
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FAQ

A spouse can choose to change the annuity contract into their name, assuming all rules and rights to the initial agreement and delaying immediate tax consequences. They will have the ability to collect all remaining payments and any death benefits and choose beneficiaries. The spouse then becomes the new annuitant.

Joint life annuities A Joint Life annuity will pay you an income for the rest of your life. It will then go on to pay an income to your spouse, civil partner, or chosen beneficiary for the rest of their life after you die.

An annuity owner may also share ownership of the annuity with another person. 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.

An annuity can be used to bypass probate if it names a specific beneficiary. Because the person is named in the contract itself, there's nothing to contest at a court hearing.

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.

Qualified Annuities A couple with an annuity held in a qualified retirement plan including a 401(k) or an IRA account needs a Qualified Domestic Relations Order (QDRO) to protect tax exemption.

Annuitants & Annuity Owners Usually, they purchase the annuities for themselves and are, therefore, also the annuitants. But some annuity contracts allow the owner to name two annuitants, and they're referred to as joint annuitants. Married couples often choose this option.

There is nothing in the tax code that dictates how an annuity should be divided in a divorce situation. Therefore, each insurance company is forced to adopt its own procedures. In general, the insurance company's first priority is to establish a procedure that is easy and limits their potential liability.

Joint & Survivor AnnuitiesA common type of annuity with joint annuitants is a joint and survivor annuity. This is often purchased by married couples and can provide income for two people, with payment based on the lives of the owner and spouse, who is the joint annuitant.

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South Dakota Agreement Replacing Joint Interest with Annuity