Fri. Jun 9th, 2023

A Structured Settlement Annuities Divorce

If you and your spouse are considering a divorce, structured settlement annuities may be a good option for dividing property and paying child support. The payments can be income tax-free or tax-exempt.

It’s important to understand your options when dividing an annuity. Talk to a qualified attorney for guidance before making a decision.


A structured settlement annuities divorce offers many benefits for plaintiffs, including tax-free money. This is because federal law states that the full amount of payments resulting from a personal injury lawsuit constitutes damages that are received by the recipient free of any federal tax liability.

The settlement is based on annuities issued by life insurance companies that are highly regulated and offer financial security. Unlike stocks, bonds and mutual funds, annuity payments do not fluctuate with market changes.

You can schedule payments to start immediately or be deferred for as long as you like. This can help reduce your temptation to make large, extravagant purchases and guarantee future income. It can also be useful if you have a medical condition that will require long-term care.

Annuities are also a popular way to receive future lump sum payouts. These payments can be scheduled in a variety of ways, such as monthly, quarterly, semi-annually or annually.

Depending on the type of annuity, these payments may be pre-tax or taxable. You can also transfer an annuity between spouses during a divorce. If the annuity is transferred to a non-spouse, this may be taxable.

If you have an annuity that you want to split or transfer during your divorce, you should check with the insurance company before you do so. Some annuity providers do not allow these types of transfers, but others do.

Before deciding to split or transfer your annuity, you should consult a qualified annuity broker and an attorney. This is because annuities can be complicated assets, and dividing them may lead to unforeseen taxes or penalties.

In addition, it is important to know whether you can transfer your annuity to a spouse or other person through a QDRO, and what penalties, expenses or taxes may apply. You should also ask if you can receive a cash-out or roll over your annuity to an IRA.

Annuities are often a source of conflict for couples during a divorce. Divorce attorneys understand that they may not be easy to divide, but if you have an annuity you may be able to sell it to resolve the dispute. This can be done through an annuity company, although it is important to read the terms of your policy carefully.

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Tax-free structured settlement payments are an important part of the compensation package for injured people and also help federal and state governments. Because they spread the money over several years instead of distributing it in one lump sum, these payments reduce the need for public assistance.

The IRS recognizes these payments as compensatory damages for personal injury, physical sickness and workers’ compensation cases. This is a significant advantage for people receiving them, as it helps them avoid the taxes on their income that would be levied if they received it as wages or salaries.

In addition, if you sell a home in your divorce, you can exclude the first $500,000 of gain from tax as long as you meet a two-year ownership and use test. However, you may still owe taxes on the remainder if you do not meet this test.

Another way to avoid the taxes on your income is by transferring it to a non-spouse beneficiary. This can be a useful option in many situations, such as when you want to transfer annuity ownership to a child or another close family member, or when you are transferring it to help pay for your children’s college tuition.

This can be done by transferring your annuity to your spouse or another person, or by selling your annuity and distributing the proceeds to a non-spouse recipient. You will need to be sure to check with your tax adviser for guidance on this matter, as a gift tax could apply in some cases.

It is also possible to convert a structured settlement annuity into a life insurance policy. This can be done with an insurance company that is licensed to do this in your state. It is typically more expensive to convert a structured settlement annuity than to buy a life insurance policy, but it can be a good option if you are not interested in converting your settlement into cash.

Finally, a structured settlement annuity can be an asset in determining your eligibility for needs-based income entitlements like Medicaid and AFDC. It can also negatively impact your estate’s tax liability, especially if you own property that is subject to New York state or federal estate and inheritance taxes (see below). You may benefit from using an attorney fee structure annuity, which is designed specifically for attorneys who are owed contingent fees.

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Relatively easy to sell

A structured settlement is a type of annuity that provides periodic payments to personal injury victims. These payments can help to ensure that the victim has enough money to meet their financial needs and avoid financial issues like debt or bankruptcy.

They also protect the victim from bad judgment, which can lead to unexpected expenses. In addition, they may offer a tax-free source of income.

In a divorce, a structured settlement can be a valuable tool for both parties. It can help to end contact between the two parties and create a clean break.

The structure of the annuity can be customized to fit each individual’s current and future needs. For example, future lump sum payments can be designed to pay for college tuition or other significant life expenses.

Additionally, the annuity can be used to pay for child support and spousal maintenance. This is particularly useful for families where one spouse has more substantial assets than the other and may have a greater share of the overall marital property.

If you’re a structured settlement owner who needs to sell your annuity to access cash, you should know that it is relatively easy to do. However, you need to be careful and use a reputable company that has your best interests in mind.

For example, you should only choose a company that has an A+ rating with the Better Business Bureau, has a track record of completing the court-ordered transfer of the annuity, and offers a discount rate on the payments. You should also be sure to review the terms of the agreement before you sign it.

A structured settlement can be a great asset for any injured party, especially for those who have no other means of funding their living expenses. In fact, this is one of the main reasons that the federal government encourages personal injury victims to take advantage of a structured settlement.

A good way to find out if you are eligible for a structured settlement is to contact an attorney who specializes in this type of case. They will be able to answer any questions you might have and give you advice on how to best utilize this type of settlement.


When negotiating divorce settlements, annuities can be useful as a source of income that can help cover a wide range of financial needs. Often, structured settlements can account for anticipated costs, like ongoing medical bills or college tuition.

They can also help to fund alimony payments or equitable distribution of marital property. Using structured settlement annuities in these situations can make it easier to keep the parties on the same page with their agreements and reduce the potential for future litigation.

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A structured settlement annuity is an annuity policy that pays a single lump sum or periodic payments for a set period of time. The payments can be made monthly, quarterly or annually, depending on the terms of the annuity.

In order to make sure that an individual receives the right amount of structured settlement payments, annuity companies have a variety of pricing methods and options available. For example, some offer a daily rate that is based on market conditions at the time of purchase. This can be better than the book rate, but it could also be worse.

One of the best ways to make sure that you get the right amount of structured settlement payments is to talk with an experienced structured settlement broker. He or she can guide you through the entire process and ensure that you are getting the most out of your settlement.

Another way to ensure that you are getting the right structured settlement payments is to use a reputable insurance company. This will ensure that you are getting the highest quality annuity at a fair price.

A reputable insurance company can also make it easier to choose the right annuity for you and your future needs. They will work with you to determine how much money you need and help to design a plan that is suited for your situation.

Annuities are generally more reliable than a lump sum payment because they are backed by a company with an established history of delivering on their promises and managing payments effectively. They also have a higher level of protection from creditors and are generally more secure than other assets during divorce or bankruptcy.

Jeffrey Augers
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By Jeffrey Augers

Jeffrey Augers is a highly skilled and experienced financial analyst with over 12 years of experience in the finance industry. He has a proven track record of delivering exceptional financial insights and recommendations to clients, empowering them to make informed decisions and achieve their financial goals. Jeffrey holds a Bachelor's degree in Finance from the University of Michigan, and an MBA from the Wharton School of Business.