Pensions – Defined Benefit Plans under 主教

It is necessary for the court to classify 和 determine the value of any asset in equitable distribution cases; this includes retirement benefits, 养老金, 以及其他递延薪酬计划. This section mostly deals with defined benefit plans under 主教.

Courts make classification determinations based on numerous requirements 和 statutory guidelines, 包括账户类型, 打开或开始的日期, 和 whether the benefit is vested or unvested. Based on these 和 other factors, courts will qualify assets as marital, separate, or divisible. Even 养老金 that are determined to be separate property may still be included in the equitable distribution decision as a distributional factor¹.

在评估固定收益计划时, courts must often consider the employer’s work requirements, 该计划的偿付能力, 和 the contributing spouse’s life expectancy. There are some court-accepted methods in North Carolina for cases in which pension 和 other plan valuations are necessary. Despite the supported use of certain calculation methods, this process can easily become a tangled web of data 和 complexities, especially when one or both spouses have high-value assets.

Parties can agree on how their 养老金 will be divided in a divorce. 然而, if no consensus is reached, the courts can use two methods for dividing these assets. The pension can be awarded to the contributing or employee-spouse, with the other spouse receiving marital property that offsets the value. Alternatively, courts may simply divide the benefits equitably.

If you have questions about how your assets may be classified, 有价值的, 或分布式, consider discussing your case with a 皇冠足彩网 divorce lawyer at 伍德拉夫家庭律师事务所. Family law specialists can be valuable resources no matter what stage of the separation or divorce process you are in.

当事各方 主教v. 主教² sought equitable distribution of several of Defendant’s assets, including his pension benefit – a defined benefit plan. The trial court ruled that Defendant’s pension benefit would remain Defendant’s property, 总共是7美元,785美元应支付给原告.

原告提起上诉, but the appeals court determined that the trial court applied the correct method, based on retirement age 和 date of separation, 评估被告的退休金. 然而, the appeals court did find that the lower court erred by using the wrong retirement age in its computations.

The North Carolina Court of 应用程序eals applies certain rules for evaluating pension plans. The trial court must complete several steps in these cases, 上诉法院会审查哪一个, 包括以下内容:

• Calculate the monthly pension payment the employee-spouse is entitled to as of the date of separate or earliest retirement age, 哪个是最后一个
• Determine the life expectancy of the employee-spouse
• Reduce the current value of the pension based on certain contingencies

These 和 other decisions are based on the trial court’s judgment. 在毕晓普案中, the court of appeals found that the lower court made a mistake when determining the date of retirement.