Greetings. In North Carolina we do not have community property, but instead we have equitable distribution to divide the parties marital estate.
If you are asking if we can assist you with drafting a division order for retirement accounts, the answer is yes. The problem is that you must ensure that you have retained any and all interest in your husband’s retirement account either through filing a claim for equitable distribution or through a separation agreement, as divorce cuts off your rights for an equitable distribution.
If in doubt, give us a call and set up an appointment for us to advise you. No, dividing a retirement account is not a cheap matter, but you have to look at the investment…do you spend a couple of thousand dollars to get ten thousand or more in retirement benefits? Best of luck and let us know if we can help.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.