Equitable Distribution Attorneys in North Carolina
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When a marriage ends, dividing property and debt can be one of the most complex and contentious parts of the divorce process. An Equitable Distribution claim is when courts divide marital property and debts between parties. Although North Carolina operates under the presumption that an equal distribution is equitable, there are a number of factors your attorney can present to justify an unequal distribution. Understanding how this process works can help you protect your financial future.
What Is Equitable Distribution?
Under North Carolina law, equitable distribution is the legal process used to divide marital assets and debts between spouses after separation. While the law presumes that an equal (50/50) division is fair, the court has the authority to divide property unequally if circumstances make an equal split unjust.
Equitable distribution is governed by the North Carolina General Statutes § 50‑20, which outlines how courts classify, value, and distribute property.
Marital Property vs. Separate Property
Before property can be divided, the court must determine whether it is marital, separate, or divisible property.
Marital Property generally includes assets and debts acquired by either spouse during the marriage and before the date of separation, marital property may (but not always) include:
- The marital home
- Vehicles
- Bank accounts
- Retirement accounts and pensions
- Businesses started during the marriage
- Credit card debt or loans incurred during the marriage
Separate Property typically includes:
- Property owned by a spouse before the marriage
- Inheritance or gifts received by one spouse individually during the marriage
- Certain personal injury awards
Separate property is usually not subject to division in equitable distribution.
Divisible Property
North Carolina law also recognizes divisible property, which includes certain financial changes occurring after the date of separation but before the property is divided, such as:
- Passive increases or decreases in value of marital assets
- Dividends or interest earned after separation
- Certain property distributions related to marital assets
Divisible property is still part of the equitable distribution process.
Settling Equitable Distribution Without Court
Many couples resolve property division through mediation, either in a formal mediation or infomrally through their respective attorneys. In these cases, agreements can be drawn up and made binding between the parties without the pareties ever having to engage in the court process.
However, when spouses cannot agree, a judge will decide how the property should be divided under North Carolina law.
Protecting Your Financial Interests
Equitable distribution can significantly impact your financial future. Accurate identification of assets, proper valuation of property, and strategic negotiation are essential to achieving a fair outcome.
If you are facing separation or divorce, working with an experienced family law attorney can help ensure your rights are protected throughout the property division process.
Meet Our Equitable Distribution Lawyers
Schedule a Consultation
If you have questions about equitable distribution in North Carolina or need guidance dividing marital assets and debts, contact our office today to schedule a consultation and discuss.
Written By Tee Leitner
Tee Leitner received his undergraduate degree from the University of North Carolina at Chapel Hill and received his Juris Doctrate Degree from the University of Mississippi School of Law. Tee spent time in Private Practice and at the Union County District Attorney’s Office as an Assistant District Attorney. Tee founded Leitner Bragg and Griffin in 2016.
