Dear plstam:

Greetings. It is 50% of all assets, not half and then half later. Pensions are marital assets. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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.


If my spouse and I have $100,000 in assests it is 50/50 split plus when it is time for me to retire she could end up with 50% of my retirement pension at that time also. Is that correct? I am presently retired and separated, is my pension included with the $100,000 assests to where I will not be able to get 50% of the $100,000 or is the pension a separate issue during property settlement? Thanks