Reasons for Possession and use: Retirement Annuity

You will need to explain to the court why the possession and use of this retirement money the way you have indicated is fair and equitable. For example, if both Petitioner and Respondent agree that Respondent should have possession and use of the retirement money, the reason can be something like: Petitioner and Respondent agree that Respondent shall have possession and use of this retirement money.

If Petitioner and Respondent do not agree, then you should carefully detail why possession and use of this retirement money as you have indicated is fair and equitable. The following are some examples:

If Petitioner is to have sole possession and use of this retirement money.

• Petitioner is the sole owner of this retirement account (or retirement annuity).
• All of the money in this retirement account belongs to Petitioner and is not marital property.
• Petitioner owned this retirement account prior to the marriage.
• All of the money in this retirement account was inherited by Petitioner and is not marital property.
• All of the money in this retirement account was a gift to Petitioner alone and is not marital property.
• All of the money in this retirement account was earned by Petitioner before the marriage.
• Respondent is employed and Petitioner is not. Petitioner needs this retirement money for immediate living expenses.
• Respondent has another retirement account of equal or greater value.
• Respondent has not deposited any of Respondent's money into this retirement account.
• Petitioner and Respondent have not deposited any money earned or acquired during their marriage in this retirement account.

If Respondent is to have sole possession and use of this retirement money.

• Respondent is the sole owner of this retirement account (or retirement annuity).
• All of the money in this retirement account belongs to Respondent and is not marital property.
• Respondent owned this retirement account prior to the marriage.
• All of the money in this retirement account was inherited by Respondent and is not marital property.
• All of the money in this retirement account was a gift to Respondent alone and is not marital property.
• All of the money in this retirement account was earned by Respondent before the marriage.
• Petitioner is employed and Respondent is not. Respondent needs this retirement money for immediate living expenses.
• Petitioner has another retirement account and of equal or greater value.
• Petitioner has not deposited any of Petitioner's money into this retirement account.
• Petitioner and Respondent have not deposited any money earned or acquired during their marriage in this retirement account.