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Are retirement accounts subject to equitable distribution?

Yes. In fact, in many cases, a spouse’s retirement account may be the most valuable marital asset. If a spouse accrued retirement benefits during the marriage, those benefits are subject to equitable distribution. For certain types of retirement benefits, it is not enough to simply look at a statement to determine the value of the accounts, it may also be necessary to retain an expert to value it. The division of retirement benefits can be a minefield for the unwary because they are subject not only to North Carolina law but also federal law and regulations. If a retirement account is distributed the wrong way, it could result in large, unexpected taxes and penalties that could have been avoided if distributed properly.

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.


John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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