Charlotte Equitable Distribution Lawyers

What is Equitable Distribution?

Equitable distribution is the process by which the court identifies and classifies the assets acquired by the parties during the course of the marriage, values those assets, and distributes them among the parties. The laws of North Carolina concerning equitable distribution are constantly evolving.

North Carolina recognizes three types of property:

• Marital property is all of the real and personal property acquired by both partners during the course of the marriage but before the date of separation. Marital property is generally valued at the date of separation.
• Separate property is all of the real and personal property acquired by one of the spouses before the date of marriage, after the date of separation, or by inheritance or gift during the course of the marriage.
• Divisible property is all increases and decreases in the value of marital property occurring after the date of separation but before the date of distribution. Divisible property is valued at the date of distribution.

The laws of North Carolina provide that the property and debt acquired during the marriage should be distributed equally between both spouses. However, in certain circumstances, “equitable” does not mean “equal.” For the purposes of equitable distribution, there is a strong presumption that an equal distribution of the marital assets is equitable, meaning that each spouse takes one-half of the marital estate. However, the law of North Carolina provides for specific factors in which a spouse may seek an unequal distribution of the marital assets.

Protecting Your Rights During Divorce Proceedings in NC

North Carolina has a presumption that the marital estate should be split equally with one half going to each party. In many circumstances, however, this may be unfair. The law allows for amendments to the guidelines surrounding the division of property. Our Charlotte equitable distribution lawyers will work with you to protect your best interests throughout the division of your marital property.*

Protecting your financial interests in a divorce often requires meticulous and detailed planning. The division of assets and debts can result in highly contentious disputes. During this stage of the divorce process, it is vital to discuss your financial situation with an experienced family law attorney in Charlotte in order to protect your interests. We can help you seek a favorable resolution in your divorce.* We serve clients throughout Mecklenburg County and all of North Carolina.