Equitable Distribution in North Carolina: Dividing Property in Divorce
Dividing property during divorce can be one of the most complex and emotionally charged parts of the process. In North Carolina, this process is called Equitable Distribution, and it refers to the fair—but not necessarily equal—division of marital property and debts.
What is Equitable Distribution?
Equitable distribution is the legal process for dividing assets and debts acquired during the marriage. The court considers what is fair, based on a variety of factors, rather than simply splitting everything 50/50.
Types of Property
1. Marital Property
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Acquired during the marriage and before the date of separation
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Includes income, real estate, vehicles, retirement accounts, businesses, furnishings, etc.
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Subject to division
2. Separate Property
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Acquired before marriage, by inheritance, or as a gift to one spouse
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Generally not subject to division
3. Divisible Property
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Includes changes in the value of marital property after separation but before distribution
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May also include certain passive income or increases in debt
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What the Court Considers
North Carolina courts evaluate many factors when deciding how to fairly divide property, including:
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Length of the marriage
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Income, property, and debts of each spouse
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Contributions to the marriage, including non-financial (e.g., homemaking)
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Efforts to maintain or improve assets
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Tax consequences
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Any direct or indirect contributions to the education or career of the other spouse
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Do You Have to Go to Court?
Not necessarily. Many couples are able to settle property division through negotiation or mediation. However, if an agreement cannot be reached, the court will decide.
Common Property Division Issues We Handle:
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Who keeps the marital home
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How to divide retirement accounts and pensions
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Business ownership and valuation
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Hidden assets or undisclosed income
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Debt allocation (credit cards, loans, mortgages)
Why Legal Representation Matters
Property division has long-term financial consequences. A skilled family law attorney can help ensure:
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Your rights are protected
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All assets and debts are properly identified and valued
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You receive a fair distribution based on North Carolina law
📞 Schedule a Consultation
If you're facing separation or divorce and want clarity about your property rights, contact our office today to schedule a consultation. We’ll help you understand what you’re entitled to and how to move forward with confidence.