Splitting pension

A pension benefit which accrues during the marriage, whether vested or nonvested, is marital property and is valued as of the date of separation.

A more difficult issue is the valuation of the pension benefit. It would be wise to consult an attorney skilled in pension valuation or a pension appraiser regarding the pension benefit’s value.

David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

When does the pension get split, the date of separation or the date the divorce is final? My husband will be vested, at the time of the divorce, however, if we have to use the date of separation, he will not be vested. He has already called and requested the QDRO. We both need to know, because it effects both of us.