Frequently Asked Questions
We know family law can feel overwhelming—and sometimes, just getting clear answers makes all the difference. Below you’ll find thoughtful responses to the questions we hear most often, designed to help you feel informed, prepared, and empowered as you move forward.
Are retirement accounts always split 50/50 in divorce?
Short answer: no.
North Carolina follows equitable distribution, which means assets are divided fairly—not necessarily equally. While a 50/50 split is often the starting point, it’s not guaranteed.
Retirement accounts—like 401(k)s, pensions, and IRAs—are considered marital property to the extent they were earned during the marriage. But how they’re divided depends on several factors, including:
- The length of the marriage
- Each spouse’s financial situation
- Contributions (both financial and non-financial)
- Future earning potential
Sometimes a retirement account might be split evenly using a QDRO (Qualified Domestic Relations Order). Other times, one spouse may keep more of a retirement account while the other receives different assets to balance things out.
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