Retirement/separation agreement


#1

Marital property stops accruing at time of separation, we only divide the assets that existed on date of separation. However, military retirement that is not vested on date of separation, but later does vest, is eligible for division.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

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.


#2

My husband is active duty Army.(15 years) We got married 18 Nov. 1995. We have not legally separated, yet. One of the few things I will “fight” him over is my “half” of his military retirement. As of right now we’ve been married 9 years/8mths. Should I wait until after our ten year anniversary in 4 months to drop legal separation papers or will it not matter with regard to his retirement? I would hate to think that only a few months could make the difference. I get confused on what the year separation means in NC. Do you stop counting being married before the separation or only after? I hope this is making sense.

Neither of us has moved out of the house, yet. But my husband will be moving to another state for military purposes in the next couple months.

thank you…