Retirement Account split for Separation Agreement

Hi,

I am working on my separation agreement and one account that my STBE has not included in the split calculation is her retirement account that she had prior to our marriage. I understand that if this account has been separately maintained, she would be entitled to keep it from the separation discussion. However, as a couple, we have been making loan repayments to this account from our joint checking account the entire time of our marriage (~8-1/2 years). Does this now make that account marital property and should to included in the discussions?

Thank you,
Jeff

Using marital funds to pay a separate debt (assuming your wife took out the retirement account loans prior to the date of marriage) does not make the retirement account marital property to which you would then have a claim. You would only have a claim to her retirement account if money earned during the marriage was used to fund the retirement account (vs. paying off down her separate debt).


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.