North Carolina is an “equitable distribution” state.

This means that when the two parties to a divorce cannot reach a settlement, the General Court of Justice steps in. The initiation of this includes a discovery process to determine which debt and/or property is marital. After this has been completed, the General Court of Justice will dedicate a monetary value to marital debt and property.

There are three different categories for property. Marital property is all the property that was acquired during the course of the marriage (although it excludes separate property). Examples include vested pension or any retirement benefits between the date the couple was married and the date of separation. This can be the most complex category for property distribution, since it’s difficult to determine at what time some assets were acquired and whether they can be classified as “marital.” READ MORE


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