| Equitable
Distribution
What
is "equitable distribution"?
Equitable distribution is a method for dividing the
marital assets in a manner that is fair and equitable
for all parties.
How
is property divided in North Carolina?
All property is considered marital property unless
proven to be separate property. Separate property
falls into 3 categories in North Carolina: property
owned by one spouse prior to the date of marriage,
property inherited, and property acquired by gift from
someone other than the other spouse. The division of
the marital property is that which is just and right
in accordance with the courts ruling. Generally, you
are looking at a 50/50 split, absent some circumstance
that indicates otherwise. Twelve different factors
apply when assets are distributed including, but not
limited to: the unequal earning power of the parties,
the expectation of pension or retirement benefits,
contributions made by one spouse to the education or
career development of the other, and the need of a parent
with custody of a child or children of the marriage to
occupy the marital residence and use or own its
household effects.
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