If his employer made contributions during the marriage those contributions would be marital property. If there were no contributions made at all during the marriage, then no portion of the pension is marital property. If you are entitled to a portion of the pension, each plan has different rules some allow you to keep the money with their plan in your own separate account, some require you to transfer it to your own Individual Retirement Account (IRA), in either case, you can keep it invested until you retire.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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