Equitable Distribution

In North Carolina, most property and debt acquired by either spouse between the date of marriage and the date of separation is presumed to be “marital” and subject to division if you divorce. The starting point under the law is an equal, 50/50 division, but that does not mean every item is split in half or that each spouse automatically keeps exactly the same things. Instead, the court looks at the overall marital estate and may make adjustments if an equal split would not be fair based on specific factors in your case.

Some property is not divided. Assets you owned before the marriage, certain inheritances, and some gifts to only one spouse are often treated as “separate property” and are generally not subject to equitable distribution. There can also be “divisible” property, such as changes in value that occur after separation, that still must be considered. One of the most important steps in any equitable distribution case is correctly identifying which items are marital, separate, or divisible, and then assigning them realistic values.

Sorting out homes, retirement accounts, businesses, personal property, and debt can feel overwhelming, especially when you are also coping with the emotional side of a separation. It may also feel unfair to share assets you worked hard to build during the marriage. At Brazil Family Law, our family law attorneys help clients make sense of their financial picture, gather the documentation needed to support their position, and work toward practical resolutions that align with North Carolina law and their long-term financial goals. Whether your marital estate is straightforward or complex, we focus on protecting your interests and helping you move forward with clarity.