Quardo


#1

I thought that in the state of NC all investments acquired during the years of marriage, no matter whose name they are in, are divided 50/50 when there is a divorce. I thought that was a law, but now I’m being told by friends that the only way I will get 50% of my husband’s investments (401K, retirement) is if we go to court. We don’t want to go to court and we were hoping for this to be an amicable separation/divorce. If he knows that he doesn’t have to part with 50% of his investments though, I’m afraid it may come down to that. I am close to retirement age and I will need that extra money to supplement my income soon. Please advise.
Thank you


#2

Yes, the presumption in North Carolina is that all assets and liabilities acquired during the marriage are to be divided 50/50 (including retirement and other investments, regardless of who they are titled). Plenty of equitable distribution cases are settled outside of court, it is not a requirement that you go to court in order to receive 50% of the marital assets. Of course, if he refuses to agree to a 50/50 division of marital assets, you will need to file a lawsuit, but it is certainly possible to settle outside of court.