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  • Start Here
    • Read This First
    • Do you need a divorce lawyer?
    • What to Do if Your Spouse Won’t Leave
    • The Truth about Divorce in North Carolina
    • What is a Legal Separation?
    • Initial Consult Questions
    • The Cost of Divorce
    • Therapists We Recommend
    • NC Family Law Blog
  • Services
    • Initial Assessment
    • Separation Agreements
    • Divorce Mediation
    • Absolute Divorce
    • Alimony in NC
    • Property Division
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    • Child Support
    • Collaborative Divorce
    • Divorce from Bed and Board
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In North Carolina is a spouse entitled to half of their Spouse’s pension?

You are here: Home / Divorce Resources / Helpful Articles and Practical Advice / In North Carolina is a spouse entitled to half of their Spouse’s pension?

This is a great question. Both spouses are entitled to 1/2 of any assets that were acquired during the course of the marriage, including pensions. So the short answer is yes, assuming that the entire pension was earned while you were married. If you actually split the payments with your spouse, then payments will not begin until your spouse is entitled to receive benefits. However, there are cases where one spouse will “buy out” the other from their pension, using a present value of the pension which can be calculated or negotiated between the parties.

The amount that you receive could be considered as a factor when the court is determining the amount of alimony – because it would affect your need and your spouse’s ability to pay. In addition, the amount of the pension could also be counted as gross income and affect any child support payments.

In short, there are a lot of variables at play here. If you have further questions, feel free to contact our office at 919-883-4861.

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About Our Firm

The Hart Law Firm, P.A. was originally founded in 2005 as a divorce and family law firm in Orlando, Florida. We moved to North Carolina in 2010, and now work with families to help them navigate the process of separation and divorce.

The Hart Law Firm is conveniently located in Cary, NC. We provide services throughout North Carolina’s Triangle area including Raleigh, Apex, Holly Springs, Garner, Morrisville, Durham, Research Triangle Park, Chapel Hill, Carrboro, Wake Forest, Wake County, Durham County, Orange County and other nearby cities and towns.

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