Military years of service

North Carolina Divorce Law Divorce and Separation Answers
1

When military pensions are divided, a formula called the coveture fraction is used. This divides your total years of service during the marriage by the total years of service. Half of that number is the percentage your Wife is entitled to. In your scenario, it is most like that the four years purchased with the money from your 401(k) will simply be considered as additional years you worked there during the marriage.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

My question is a little complicated. I was in the service for 4 years prior to getting married. I left the service and went to work for a local government unit in this state. However, I recently used my 401k to purchase my prior years of service and had those years transferred into the local government retirement system giving me 4 additional years of creditable service toward retirement. The money from my 401k was earned mostly during the course of my marriage. My question is, do I have to count those 4 years contribution in the military as part of our marital assets since I acquired them with money from my 401K? Is there a way of determining the actual amount of money that I contributed during my time in the military?