NC 529 account and prenup

I have been separated for 7 months and still negotiating the separation agreement. We had a prenup which listed assets that would remain separate. I had a NC 529 account for my son from before the marriage. Husband contributed to the 529 account during the marriage.
Th 529 account is not specifically listed in the prenup but states :

" . Unless a particular piece of property is explicitly documented as being owned by both parties, the following types of property will not be deemed as shared property:
a. any property owned by a party at the date of execution of this Agreement;"

Is this sufficient to prove that the 529 account is my separate asset and not marital subject to division?


Yes, this is likely sufficient to show that the 529 account is your separate property and that any contributions your husband made to the 529 account during the marriage were voluntary and could be considered gifts.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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