Yes, your spouse could in fact take a portion of your retirement account that is greater than 50%. There are several scenarios that could point to this sort of a distribution.
First, while there is a preference in North Carolina for property to be divided on a 50/50 basis, there are many factors that a judge can consider that may result in an unequal division.
Another reason why your spouse may end up taking a larger portion of your retirement is because the other marital assets at play are either insufficient or unavailable. Perhaps you are splitting your assets on a 50/50 basis, but a large portion of your assets is a business interest that you aren’t willing to sell, you may opt to assign a larger portion of your retirement account to your in order to effectuate a 50/50 split without liquidating your business interest.
