401K Rollover And Marital Assets And Equitable Distribution

North Carolina Divorce Law Divorce and Separation Answers
1

I have a 401K that was started prior to the marriage, so some of it is a marital asset and some of it is not. Of course, if I leave it where it is now I can easily document what is a “marital asset” and what is not.

If I decide to roll it over, and do not contribute to the account, can I use the documentation from the previous custodian and apply it to the new account?

Example:

$100,000 in 401K. 50% is before marriage ($50,000), and 50% is after marriage ($50,000).

If I roll it over to a broker (E*Trade, for example), will it then become 100% marital assets? Or, will the same 50/50 ratio apply?

2

It is not usually that easy to calculate out the separate portion when marital assets have been placed in the account, but yes, you should still be able to calculate the value of the separate assets.