Retirement Account

North Carolina Divorce Law Divorce and Separation Answers
1

My soon-to-be ex-wife and I had retirement accounts. We cashed mine out and blew the money on some trips during the marriage. However, she still has her account and has been contributing to it during our marriage. Three questions:

  1. Am I entitled to 1/2 of the contributions she made to her retirement account during our marriage?

  2. Am I also entitled to 1/2 of the retirement contributions her employer made on her behalf during our marriage?

  3. Am I also entitled to 1/2 of any passive earnings her retirement account earned during our marriage?

Thanks in advance.

2

Yes, you are entitled to one half of the martial portion of the retirement account which includes all money saved and matched during the marriage. You will also receive your share of the passive gains up to the date of division.