Dividing property during a divorce in North Carolina is often one of the most stressful and complicated steps of the process. Understanding how courts in North Carolina decide property division can help spouses prepare, protect their assets, and prioritize their future. Working with an experienced divorce lawyer in Sampson County or Johnston County is one of the best ways to ensure your rights are safeguarded throughout the divorce property separation process.
North Carolina is an Equitable Distribution State
Property is divided in North Carolina equitably. Property will be divided as fairly as possible between the divorcing couple based on a variety of different factors including:
- The ages and physical and mental health of both of the spouses;
- The duration of the marriage;
- The income, property and liabilities of each of the spouses;
- The expectation of retirement or pension income that is not marital property;
- The liquid and nonliquid nature of the marital property and property subject to the division process;
- The need for a parent with custody of minor children to remain in the marital home;
- The direct or indirect contribution made by one spouse to the education or career development of the other spouse;
- Any direct contribution to the increase in the value of separate property during the course of the marriage;
- Any support obligations from a prior marriage;
- The difficulty of evaluating complex assets such as a family business; and
- Other factors considered relevant.
Only marital property is subject to the property division process. Marital property generally includes property and assets acquired by the couple during the marriage. Marital property is distinguished from separate property which is not subject to the division process and includes property one spouse entered the marriage with, inheritances, gifts and personal injury awards.
The equitable property division process is intended to fairly divide property shared by the spouses, however, it can grow complex at times. As a result, once a couple makes the decision to divorce, they should begin to familiarize themselves with how property division works so they can plan for their property division process.
At Daughtry, Woodard, Lawrence, & Starling, we are committed to providing trusted legal guidance with a personal touch. Whether you’re facing a family law matter, navigating a complex criminal or civil case, or seeking counsel for your business, our experienced attorneys are here to help.
If you live in Sampson County or Johnston County and need a dedicated divorce lawyer, contact us today to schedule a consultation. We are here to provide the personalized legal support you need to move forward with confidence.
