Property Division

Did you know that in North Carolina, you are entitled to have your marital estate divided equally between the two spouses unless, there are reasons for unequal division. To determine whether you are entitled to an unequal division, the courts in this state look to several factors set for in the North Carolina General Statutes.

The following are factors the court may consider in awarding you equitable distribution:

  • Length of the marriage
  • The need of the parent with primary custody of the children to maintain residence in the family home
  • Age and health of the parties
  • The unequal earning power of the parties
  • Support obligations from a previous marriage
  • A party’s contribution to any property acquired
  • A party’s direct contribution to the increase in value of the other party’s separate property
  • The presence of pension or retirement benefits
  • Contributions made by one spouse to further the educational or career development of the other
  • The financial situation of each party at the time of separation
  • Any acts made to devalue marital property after the date of separation