Lawyer for Retirement Assets in Mooresville, NC
In North Carolina, whether you are seeking a divorce, military divorce, or legal separation, our equitable distribution law presumes an equal 50/50 division, which means each spouse receives half of the estate unless its value was economically impacted by marital misconduct.
When married couples have retirement accounts that must be considered during the divorce, they are often more difficult to split because they do not pay out until after age 59 and they are not jointly owned.
At Daly Mills Family Law, we rely on extensive experience to resolve the complex issues surrounding retirement assets and divorce.
As part of our commitment to the Lake Norman area, and the rest of our fellow North Carolinians, our law firm was featured in Limitless Magazine to shine a light on combining our compassion with the legal skills necessary to protect our clients’ futures.
More importantly, our Mooresville family lawyers do our jobs because we care about our clients, and only take a limited number of cases each month to ensure everyone gets the personal attention they deserve.
Our dedicated family law attorneys have offices conveniently located in both Mooresville, North Carolina, making us easy to find and even easier to reach, so our clients can achieve their goals in the way they want to achieve them.
When you are ready to talk, we are ready to fight for what you hold dear.
How Are Retirement Benefits Distributed During a North Carolina Divorce?
Whether you are requesting to share a retirement account or want to prevent your spouse from acquiring a portion of the equitable property in your retirement account, our skilled Mooresville divorce lawyers can help with all types of retirement benefits that may be a source of contention during a divorce.
That may include:
- Military retirement benefits or military pensions
- Government employee retirement benefits
- 401(k) retirement benefits
- Private company benefits and pensions
- 403b retirement plans
There are limitations to retirement benefits that must be shared or equitably distributed during a divorce or separation in North Carolina. The decision to split a retirement account often depends on several factors, including the length of the marriage, the assets in the marriage, and the assets and money both spouses brought to the marriage.
Our skilled North Carolina divorce attorneys can help you determine which retirement assets are on the table, so you understand the complete financial impact of their division. Contact us today to learn more.
Proven Divorce and Retirement Asset Division Attorneys in Mooresville, North Carolina
Our skilled Mooresville divorce lawyers listen to each of our client’s unique stories and provide the compassion they need to know someone is listening. We then outline their customized legal needs with skill and precision, so they know we are fighting for a successful outcome.
At Daly Mills Family Law, our North Carolina attorneys understand our state’s complex divorce and asset division laws, and how to implement legal financial solutions for your new life, so you can begin planning your future today.
Contact Our North Caroline Divorce & Retirement Asset Division Attorneys Today for a Consultation
At Daly Mills Family Law, our divorce and retirement asset division lawyers in Mooresville focus on each of our client’s unique legal needs, and that begins by keeping our caseloads small. Each time you contact our office, you will have access to attorneys and support staff who can answer your questions, allay your fears, and develop practical legal solutions that make sense.
Divorce and future financial planning matters may be complex, but they are all we do. And we do it because we want to help our North Carolina clients confidently build their futures for success.
At Daly Mills Family Law, Our Law Firm In Mooresville, NC Also Focuses On The Following Practice Areas:
- Separation Agreements
- Property and Asset Division
- Prenuptial Agreements and Divorce
- Post Divorce Modifications
- Military Divorce
- Fathers Rights
- Equitable Distribution
- Alimony and Spousal Support
- Planning For Divorce
- North Carolina Divorce Process
- Domestic Violence Abuse and Divorce
Frequently Asked Questions for Our Retirement Asset Division Attorneys in Mooresville
How Long Do North Carolina Spouses Have to Be Married to Divide Retirement Assets?
Half of the retirement assets earned and attributable to the marriage is divisible during a North Carolina divorce. That means, if spouses have been married a short time, the retirement earned during that short time is subject to division. In general, the portion of the retirement earned by a spouse solely before the marriage is their sole property regardless of the length of the marriage.
Can I Keep My Spouse From Getting Half My Retirement Savings?
In North Carolina, marital retirement assets are subject to equitable division. The court uses a formula to determine what portion of the account is attributable to the marriage. If the account is contribution-based, a party may present evidence of the value of the marital portion of the account.
How Are Retirement Benefits Awarded During a North Carolina Divorce?
Distribution of a pension, retirement, or deferred compensation account may be paid to the other spouse as a prorated portion of benefits, through periodic payments, or made as a lump sum. Alternatively, the court may offset the account value by awarding a spouse a larger share of another asset.