Retirement Account split for Separation Agreement


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,

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

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