Debts and 401k after separation

Good morning! I live in North Carolina and my husband and I are separated (and of course living in different houses). Am I responsible for any debt he might acquire like medical bills? Also, when does my share of his 401k stop, after separation or after the divorce is final?


Any debts, including medical debt, that you each acquire after the date of separation is the separate debt of the party acquiring or incurring the new debt.

Each spouse is entitled to one-half of the other’s retirement account balance that was acquired during the marriage. You are not entitled to any funds that are contributed to his retirement account after the date of separation assuming they are contributed based on separate efforts or separately earned funds.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you so much for your response!

Kind regards,

Amy Clark