QDRO and Marital Property


amount you had in the account prior to marriage is seperate.

amount added and ANY appreciation after date marriage is maritable asset
See the FAQ on this site.



Dear Rusty:

Greetings. Yes, that is true, but you have to specifically say in the order that you are only dividing the “marital” portion of the accounts or else you divide it all. Good luck (and I hope you wrote the order correctly).

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

301 McCullough Drive Suite 510
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.


My Consent Order says to split all of my pension and 401K accounts with my ex, 50/50. Isn’t it true that the amount accumulated prior to our date of marriage, plus appreciation, is not marital property, and therefore not to be divided?