Legal Question in Family Law in North Carolina

Equitable Distribution in North Carolina of 401K. I had large sum of money in my 401K when we got married. More was added during the 5 year marriage. A house was purchased using much of the 401K. Now that we are distributing the assets, my question is about how much of the 401K is mine. Much more of the "marital portion" of the 401K was used to buy the house. Is the rest left over in the 401K mine? That is, does the marital portion get used up first (last in, first out principal)? I understand that I "gifted" the rest from my separate portion.

Asked on 8/19/13, 5:10 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

Unfortunately, more info is needed to answer. An ED proceeding takes into account all of the assets of both parties. Without knowing al of the assets you have, we cannot answer here.

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Answered on 8/19/13, 7:51 pm

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