Husband's Retirement Account


In my experience the amount you are entitled to is half of the increase the portfolios experienced DURING the course of the marriage,up to the actual date of the separation order. So, if the account was worth $10000 on your wedding day; and then worth $15000 on the date of your separation order, you would be entitled to half of $5000. That amount would be factored into your ED.


Dear mrs_kapow:

Greetings. It would not affect his years of service, but would just distribute the funds due to you when he retires (if it is the pension account). Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


Good evening,
My question is concerning my husband’s retirement accounts. We have been separated since April 2005. He has one with the State of NC and one with Prudential. The one with the State has to do with years of service as well. If I was to request/be awarded 1/2 of this account in equitable distribution claim, do you whether or not it would affect his years of service as well?