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

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.