# Quardo
**URL:** https://forum.rosen.com/t/quardo/16658
**Category:** Divorce and Separation Answers
**Created:** [April 12, 2016, 12:46am UTC](https://forum.rosen.com/t/quardo/16658 "2016-04-12T00:46:33Z")
**Posts on this page:** 2
**Page:** 1
### Author:  [@Corky53](https://forum.rosen.com/u/Corky53)
#### Post date: [April 12, 2016, 12:46am UTC](https://forum.rosen.com/t/quardo/16658/1 "2016-04-12T00:46:33Z")
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
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### Author:  [@Lindsay\_Willis](https://forum.rosen.com/u/Lindsay_Willis)
#### Post date: [April 18, 2016, 1:21pm UTC](https://forum.rosen.com/t/quardo/16658/2 "2016-04-18T13:21:14Z")
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.