I have been going back and forth with my ex, her lawyer and my lawyer and I am confused.
Based on my simple understanding of the law, there is a concept called separate property. I worked for a small portion of time whereby my employer and I contributed to both my defined benefits and 401k plans. My understanding is the part of this that occurred during pre-marriage is separate and NOT subject to ED, right?
Next, my ex left and I have maintained the “marital” home for the last 2.5 years. As such I have paid about 20k in principal and about 10k in interest along with all insurance on the home since then. As I read it, the NCGS states that I should at a minimum be credited with at least all of the principal paid and this should therefore be separate property and not subject to distribution, right?
I have been arguing back and forth with my attorney telling her that in light of the above, my ED formula should be:
(All assets - 401k and pension premarriage - principal and half of insurance paid on house)/2. This would leave the principal and pre-marriage contributions exclusive to me… My attorney still wants to come back to 50-50 and ignore the premarriage and post marriage payments I made.
Do judges typically just want to recognize this as a 50/50 deal only or do they take into account the separate items I delineated? Next, I understand that 401k and pension money aren’t the same as dollars that haven’t been taxed. What multiplier is good to apply to evaluate them equally?
Thanks again! This forum is great!!!