[Direct answer]Generally, they belong to the couple's joint property. The annuity insurance purchased with the couple's joint property as the premium during the continuation of the marriage relationship, regardless of which party is registered as the insured or the beneficiary, the cash value of the policy is usually recognized as the couple's joint property; the survival insurance benefits and annuities received during the marriage, except for special circumstances with exclusive personal payment nature, are generally treated as joint property. When divorcing, the parties can negotiate a settlement: one party may continue to hold the policy and pay the other party half of the cash value as compensation, or negotiate to surrender the policy and divide the cash value; for policies insured for children, in practice, they are often maintained as gifts to the children. This shall be handled in accordance with Articles 1062 and 1087 of the Civil Code of the People's Republic of China (effective January 1, 2021). It is recommended to calculate the cash value first and then negotiate a settlement, which can be referred to for reference.Marital and family matters, and divorce litigationColumn.

I. Problem Background and Typical Scenarios

Such questions often arise in several situations: First, when a couple purchases an education annuity for their children during the marriage, they may struggle to determine who should own the insurance policy after divorce; Second, when one party uses their joint income, such as salary and year-end bonuses, to purchase an annuity for themselves, the other party may demand a share of the benefits; Third, when the insured withdraws the cash value of the policy without authorization, the other party may seek compensation; Fourth, when the policy was purchased before marriage and the premiums were paid during the marriage, it may be difficult to distinguish the sources of the payments; Fifth, when the insurance policy is overlooked during divorce and the parties wish to retroactively divide the benefits later. When handling similar cases in the Beijing area, the court typically first reviews the sources of the premiums and the payment period, then determines the ownership of the cash value and the method of division. Relevant family disputes can be referred to for reference.Marital and family matters, and divorce litigationFor columns involving financial assets such as wealth management and insurance, you can also refer to them for reference\nCross-border financeColumn.

II. Key points of contention

Focus I: Premium Sources. The cash value formed by paying premiums with marital joint property during the marriage belongs to marital joint property. Premiums paid after marriage with pre-marital insurance policies need to be accounted for separately. Focus II: Identities of the insured and beneficiary. The registration subject does not affect the determination of marital joint property, but it does affect the method of division during divorce. Focus III: The nature of insurance policies purchased for children. In practice, such policies are generally regarded as gifts from parents to their children, and the insurance policies will usually remain in effect after divorce. Focus IV: Consequences of unauthorized policy surrender. If one party surrenders the policy and withdraws the cash value without consultation, the other party may claim a refund of the corresponding share. Focus V: Calculation of cash value. The cash value of the policy at the time of division is usually used as the basis for calculation, rather than the total premiums paid. Focus VI: Nature of annuity payments. Annuity payments made during the marriage are generally considered marital joint property, while those made after divorce are subject to disputes over ownership. Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of lawyers from our firm in handling marital and family matters and insurance benefit division, the key to pension insurance disputes lies in the source of premiums and the calculation of policy values. Common risks include: one party not understanding the family insurance policy situation, omitting division during divorce settlement, and facing difficulties in making up for it afterwards; the insured person prematurely surrendering the policy, resulting in the cash value being exhausted, leaving the other party in a passive position for providing evidence and claiming compensation; large-sum policies purchased for children being unilaterally changed by one party, triggering secondary disputes; and pre-marital policies being continued after marriage without segmented calculation, leading to distorted division bases. Our lawyers suggest the following measures: 1. Before divorce, request the insurance company to provide policy information including the insured, beneficiary, cash value tables, and payment records to clarify the sources of premiums for each policy. 2. When negotiating division, prioritize allowing one party to continue holding the policy and compensating the other party with half the cash value to avoid policy surrender causing protection interruption and value loss. 3. For policies with mixed payment sources, determining compensation amounts through segmented calculation can significantly reduce disputes. 4. The agreed-upon policy division arrangements should be included in the divorce agreement or confirmed by a court judgment to prevent subsequent disputes.

IV. Practical suggestions and legal basis

Action suggestions: First, conduct a comprehensive inventory of family insurance policies and request the insurer to provide written information on the insured, the beneficiary, and the cash value; Second, secure evidence of the source of premium payments, such as transaction records of the deduction account, distinguishing between payments made from joint property and personal property; Third, if you discover that the other party has unilaterally cancelled the insurance policy, promptly claim half of the cash value; Fourth, when negotiating the division of assets, clarify the ownership of the insurance policy, the amount of compensation, and the payment period. For key points of the relevant agreement, you may refer to the following guidelines:Special services and other cases1. The column; 2. After the divorce, it is necessary to promptly handle the change of the insured and the adjustment of the payment account to avoid the ex-spouse continuing to control the insurance policy. 3. In terms of legal basis, Article 1062 of the Civil Code of the People's Republic of China stipulates that the wages, bonuses, and investment income obtained during the marriage are jointly owned by the couple. Article 1087 stipulates that the jointly owned property shall be dealt with by the parties through agreement upon divorce, and if no agreement can be reached, the court shall make a judgment according to the specific circumstances of the property and the principles of taking care of the children, the wife, and the non-at-fault party's rights and interests.

5. Henglu Law Firm's Reminder

Risk warning: First, insurance policies are an asset category that is easily overlooked. They should be inventoried together with real estate, savings, and vehicles during divorce settlement. Second, the cash value of an insurance policy is not equivalent to the premiums paid. When withdrawing the policy, the division of assets is calculated based on the cash value, and early withdrawal will result in significant losses. Third, the insured holds control over the insurance policy. After divorce, the insured should promptly change the policy's beneficiary to prevent the other party from withdrawing the policy or obtaining loans without authorization. Fourth, although it is preferable to maintain insurance coverage for children, the subsequent payment obligations and control rights still need to be specified in the agreement. Fifth, for large annuity or cross-border insurance policies, it is advisable to assess tax and exchange rate factors in advance. For case-specific analysis, please consult an expert.Beijing Henglue Law FirmOn the official website, similar columns are assisted by professional lawyers in their calculations.

VI. Frequently Asked Questions

Q1: How is the annuity insurance purchased for children during the marriage period calculated in the event of divorce?

In practice, it is often regarded as a gift from parents to their children. When divorcing, the court tends to maintain the validity of the insurance policy, with one party continuing to act as the insured and bear the subsequent payment obligations, rather than directly dividing the cash value as marital joint property. However, the control of the insurance policy and payment arrangements should be specified in the divorce agreement to avoid either party unilaterally cancelling the policy or changing the insured after the divorce. There are differences in judicial interpretations across different regions, so it is recommended to seek professional advice in advance for large-value insurance policies.

Q2: If an annuity is purchased before marriage and the payments continue after marriage, how will it be divided during the divorce?

It needs to be calculated in segments. The cash value corresponding to the premiums paid before marriage belongs to personal property, and the incremental cash value formed by the portion paid with joint property during the marriage belongs to joint property. When divorcing, the incremental portion will be divided or compensated. The party claiming the personal property portion should provide evidence such as payment account statements. It is recommended to retrieve the cash value table of the insurance policy and payment records, calculate it segment by segment, and then negotiate. If necessary, a lawyer can assist in determining the compensation plan.

Q3: If the other party secretly surrendered the insurance policy, can I recover the money?

It can be claimed. The cash value obtained by one party withdrawing the insurance policy without consultation belongs to the disposal of the couple's joint property, and the other party may request to divide the corresponding funds; if the other party hides, transfers, or sells the joint property, according to Article 1092 of the Civil Code, the claimant may also request that the other party receive a smaller share or no share at all. The claimant should keep the insurance policy information, the withdrawal record of the insurance policy, and the evidence of the flow of funds, and assert their rights in a timely manner to avoid the funds being further depleted.

Q4: How much does it cost to split an annuity insurance policy, and how long does the process take?

In terms of fees, the litigation charges a filing fee based on the subject matter of the dispute. The cost of retrieving policy information and calculating the cash value is not high, and the attorney's fees are negotiated based on the complexity of the case. If there are only one or two policies, the cost is relatively manageable. In terms of timeframe, divorce litigation is usually concluded within a few months, and the first-instance ordinary procedure for separate litigation of post-divorce property disputes generally does not exceed six months. It is recommended to handle it together with the divorce proceedings to save time and costs.

Q5: If I overlooked to mention the insurance policy during the divorce, can I still claim it afterwards?

Yes. If unresolved joint property is discovered after the divorce, you can separately file a request for division of post-divorce property disputes; you can claim the cash value of the insurance policy or the surrender value of the policy. If you find that the other party has concealed the insurance policy, you can also claim a smaller share of the property. You should collect the insurance policy contract, payment records, and evidence showing that the property was not included in the divorce agreement, and file a lawsuit as soon as possible to avoid the loss of evidence. For related family property disputes, you can refer to the relevant provisions.Marital and family matters, and divorce litigationColumn.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.