Legal Question in Family Law in North Carolina

If you want to know everything, then hire a family law attorney. You will need one to claim alimony and an equitable share of the marital assets. Marital misconduct (i.e. cheating) is a factor concerning alimony. If the person your husband cheated with resides in North Carolina and has mnoney, you may also be able to pursue an action for alienation of affection or criminal conversation against that person. If the person has no money, you may be able to usue the threat of such action as a bargaining tool in the alimony/equitable distribution proceedings.

50/50 is only the starting point. Division of marital assets/debts is based on what is fair and equitable. You do not get 50% of the 401(k) either. That is based on calculations regarding the length of ,marriage and how long your husband worked at this place. Again, see a family lawyer about this. In order to get a piece of the 401(k), the administrator has to be presented with a qualified domestic relations order (QDRO). This is very specific and must be drafted by an attorney.

However, I don't know the value of the 401(k) and I don't know what other marital assets and debts there may be. Depending on the value, he may keep the 40(k) and give you his share of the house. That is why you need a family law attorney.