BERENS v. BERENS

No. COA17-1189.

818 S.E.2d 155 (2018)

Michael M. BERENS, Plaintiff, v. Melissa C. BERENS, Defendant.

Court of Appeals of North Carolina.

Filed: August 7, 2018.


Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A., by Gena Graham Morris and Caroline T. Mitchell , for plaintiff-appellee.

Wyrick Robbins Yates & Ponton LLP, Raleigh, by Michelle D. Connell , for defendant-appellant.


The central issue in this appeal is how trial courts in equitable distribution proceedings should classify money in a 529 Savings Plan created and funded during the marriage. These investment programs permit parents to set aside money for their children's college expenses under tax-favorable conditions.

Defendant Melissa Berens...

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