Common law after divorce


Dear faith40:

Greetings. No, NC does not recognize common law marriage. You must be legally married and not separated to acquire interests in a spouse’s retirement accounts. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


Hi- I was divorced in 2000 after we had agreed to try again for the sake of the kids. This past Jan, he decided that it was not going to work out after all. Although we are legally divorced, we did go back together and lived as man and wife, are their laws that provide me with any financial stability as far as his pensions and any property that he bought during the last 5 years?