Home  >  Property Division  >  Division of Assets  >  Division of Retirement and Pension Plans

Raleigh Division of Retirement and Pension Plan Lawyers

Divorcing couples deal with enough stress and worry when dividing up their property and agreeing on child custody without having to decide how to split up retirement and pension plans. Often, a couple’s nest egg is the largest asset in a divorce. If the process for the division of 401(k)s or other types of pension plans is not done properly, you may end up paying more in taxes and penalties or losing a good portion of your retirement assets to an ex-spouse.

If you are going through a divorce and expect to be dividing your retirement assets, you need to contact an experienced retirement and pension plan division lawyer. A lawyer can ensure that your retirement funds are properly valued and equitably distributed between you and your ex spouse. The Raleigh division of retirement and pension plan lawyers at the firm of Marshall & Taylor PLLC are here to help you find the right way to split up retirement assets when a marriage comes to an end. To discuss your legal options, contact our office at 919-833-1040 or online for a consultation.

Do I Need a Division of Retirement and Pension Plan Lawyer?

The state of North Carolina is an equitable distribution state for divorce, but it is important to note that equitable does not always mean 50-50. This means that an ex-spouse may end up with more of your retirement or pension plan if the contribution and needs of both spouses, as well as the value of retirement benefits, are not assessed accurately.

An experienced lawyer with 401(k) and pension plan knowledge can help you to keep and protect your retirement interests. A divorce attorney can oversee that your assets are divided fairly and equally when you are facing the dissolution of a marriage.

Why Choose Marshall & Taylor PLLC?

Jeff Marshall and Travis Taylor of Marshall & Taylor PLLC are experienced attorneys who concentrate on all aspects of divorce, including the division of retirement and pension plan assets. Mr. Marshall is a member of the North Carolina Bar Association, the Wake County Bar Association, and the North Carolina State Bar, and is a North Carolina board-certified Family Law Specialist. Mr. Taylor is a member of the NC State Bar, the Wake County Bar, the NC Academy of Trial Lawyers, the 10th Judicial District, and the American Bar Association.

Marshall & Taylor PLLC has many years of experience handling divorces in the community of Raleigh and the surrounding areas of Wake County, North Carolina. Our attorneys have assisted many clients with the division of assets during a divorce, with most of our new clients coming from referrals that result from glowing reviews from our past clients.

Retirement and Pension Plan Division in North Carolina

In North Carolina, divorce law states that any retirement or pension benefits are considered assets in a marriage. These assets are subject to equitable distribution during divorce, meaning distribution that is deemed “fair.” It is possible to avoid getting the court involved if you can come to an agreement with your ex spouse, usually with the assistance of a lawyer.

Retirement assets can vary, but they are generally categorized into two groups:

  • Benefit Plans: A defined benefit plan is a promise by an employer to pay a benefit to an employee in the future. This is a calculated formula based on the salary of an employee when they are ready to retire. It is complicated to estimate the value of a benefit plan and may require the professional evaluation of an accountant or actuary to determine its value.
  • Contribution Plans: This type of plan is a defined amount of money that belongs to an employee, with the employee and/or the employer making defined contributions. Profit-sharing plans, 401(k)s, and 403(b)s fall into this category.

To determine how a retirement or pension is divided, the state uses a formula that divides the length of time a person was married (up to the date of separation) while they were employed by the total time of employment. One spouse does not usually receive more than half of another spouse’s retirement plan. However, the state of North Carolina can allow an ex-spouse to receive more than 50 percent under certain conditions.

In order to establish an ex-spouse’s right to a portion of the other spouse’s pension, the court will enter a QDRO (qualified domestic relations order). This is important for tax purposes because without it, all the pension income is attributed to the employee-spouse and the ex-spouse is liable for taxes on their share of the plan.

Contact a Division of Retirement and Pension Plan Lawyer Today

Our experienced division of asset lawyers are dedicated to helping clients navigate through their divorce. We assist clients in the Raleigh and Wake County areas by providing legal options for the division of retirement assets. Contact Marshall & Taylor PLLC to discuss your legal options at 919-833-1040 or using our contact form today.


Looking for an attorney whose ethics and morals are above reproach? Look no further than the attorneys at Marshall & Taylor... He has my strongest recommendation if you are in need of a professional attorney who not only understands the law, but is highly experienced and cost effective! -Jody from Avvo

- Phenomenal Cost-Effective Attorney

The divorce process is tough. Not only is it emotionally difficult and physically draining, but the actual legal process itself is simply unchartered territory for most of us. When my spouse served me with a separation papers & an out of this world financial proposal — I nearly had a heart attack. I was just plain shocked and totally unprepared for the ridiculous and unjustified financial demands that she wanted. I was an emotional wreck, but in a panic, I called my CPA advisor and asked for help. I’ve known my CPA for over 5 years having found him thru the Dave Ramsey website. When I asked him to recommend a divorce attorney, he gave me one name, Jeff Marshal. I’m not going to attempt to list all the reasons you should call Jeff, but I can attest that you will not be sorry you called. The divorce process has significant and lasting implications on everything important in your life after divorce. Make sure you that you have Jeff by your side when these decisions are being made, I am certain that you will be glad you did.

- I recommend Jeff Marshall

MR Marshall prepared my Premarital Agreement for me. I am extremely pleased with the results. He provided excatly what I asked and more. I would highly recommend Mr. Marshall to anyone needing his services. - Client from Avvo

- Great Job!

I recently used Jeff Marshall to settle my drawn-out and contentious divorce and custody cases, and found him to be extremely helpful. He took his time to get to know me and my situation, helped me make decisions moving forward, gave me great advice on things that I could do that would limit the time he needed to spend on the case (thus dropping my bill), and represented me quite well during my custody hearing. Having Jeff as my attorney was, in my opinion, critical to positive outcome I received from the custody hearing. - Client from Avvo

- Great attorney!

Jeff Marshall has been a great attorney during a difficult life event. He always responded to my questions and concerns in a timely manner and was great at making me understand the process from start to finish. - Client from Avvo

- Great lawyer!

Jeff has always been my go to attorney when it comes to family law. He is unbiased and fair and has a great interpretation of the law. Divorce is not a fun process and sometimes following advice of someone other than yourself is hard to do. Looking back Jeff was spot on. His advice has saved me thousands of dollars! - Client from Avvo

- Invaluable Advice

Jeff and his team helped me with my seperation and divorce. I was very happy with my settlement and the way they were able to just focus on the buisness at hand which was to protect my interests. Most of this process was conducted while I was living in another state, but Jeff and his team kept me informed throughout the process. I would recommend him without reservation. - Client from Avvo

- Very Satisfied Customer

Mr. Marshall is a superb attorney. He understands the law better than anyone else with whom I consulted. He is very prompt in responding to email and voicemail. He kept me from making several major mistakes that my previous attorney had nearly made and would have cost me big. Mr. Marshall is more expensive than others, but he is also more efficient so it may not make a difference in the long run. - Client from Avvo

- Excellent Attorney

Jeffrey is a consummate professional and and a master practioner in the field of family law. He guided me through a very difficult case that concluded as favorably as possible. - Client from Avvo

- Master practitioner in the field of family law

Jeff Marshall provided solid advice and followed through on services promised. I would highly recommend Jeff to others seeking a divorce or custody attorney - Client from Avvo

- Needed Help with Divorce and Custody

He has worked with me a great deal and understands the relationship I have with my children. He believes in doing what is right and in best interest of children. I trust him with any and all legal decisions I have had to make. Jeff is truly one of the best around. I highly recommend him to anyone that has to deal with high conflict situations. - Client from Avvo

- Jeff is very straight forward and honest.
Search Engine Optimization for Lawyers