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North Carolina Property Distribution Laws

In a North Carolina divorce, each party will retain his or her separate property. Separate property includes

  • any property acquired before the marriage;

  • any gifts and inheritances acquired during the marriage;

  • any property acquired in exchange for separate property;

  • any increase in the value of separate property; and

  • the expectation of a non vested pension, retirement or other deferred compensation rights.

In a North Carolina divorce, marital property will be divided equally unless the court finds that an equal division is not fair. In dividing martial property, the Court will consider:

  • any direct or indirect contributions to the career or education of the other spouse;

  • any depletion or waste of property;

  • the net value of the property;

  • the liquid or non-liquid character of the property;

  • the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;

  • the economic circumstances of each spouse at the time the division of property is to become effective;

  • any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes;

  • the length of the marriage;

  • the age and health of the spouses;

  • the federal income tax consequences of the court's division of the property;

  • liabilities of the spouses;

  • any retirement benefits, including social security, civil service, military and railroad retirement benefits;

  • any prior alimony or child support obligations of each spouse;

  • the desirability of the spouse with custody of any children occupying the marital residence;

  • any other factor necessary to do equity and justice between the spouses; and

  • interest in keeping an asset or interest in a business, corporation, or profession intact and free from claim or interference by the other party.



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