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Articles Posted in Equitable Distribution

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Can Military Pension Be Divided in a North Carolina Divorce?

Assets and debts are divided either equally or equitably in North Carolina divorces. Tangible property like vehicles, houses, furniture, and jewelry can be included in this distribution, as can intangible assets like bank accounts and retirement accounts. Military pensions are also subject to distribution in a divorce, but they are…

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Can Courts Grant Equitable Distribution and Alimony to Unmarried Couples in North Carolina?

On a national level, the number of marriages has begun to increase after taking a dive in the couple of years following the COVID-19 pandemic. Even though more people may be getting married now, there are still a significant number of unmarried couples who live together in North Carolina. If…

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In-Kind Distributions and Distributive Awards in North Carolina Equitable Distribution

As part of the North Carolina divorce process, spouses often have assets that need to be divided between them. Equitable distribution is an option if one or both spouses request it, and it is the process by which the court will divide the property in a way that is equitable…

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How is Marital Property Valued After Being Distributed in North Carolina?

Equitable distribution is available in North Carolina divorces whenever either party requests it. The court will determine the most equitable division of assets and debts, which is not always an equal split. Determining the most equitable distribution of the spouses’ property involves various factors, including: Income of each spouse at…

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Equitable Distribution and Business Valuation in North Carolina

In a divorce, assets and debts can be divided equally in North Carolina, but if either party requests equitable distribution, then there may also be an unequal division if that’s what the court deems fair. North Carolina courts can use a variety of entities to determine how to divide a…

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Trust Property and Equitable Distribution in North Carolina

In a recent case involving trust property in an equitable distribution dispute, the North Carolina Court of Appeals vacated and remanded a trial court’s decision not to add a trust as a necessary party to the case. In Wenninger v. Wenninger, Husband appealed from three orders entered by the trial…

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The Importance of Meeting Deadlines in Appeals Cases

Timeframes and deadlines are a vital part of family law cases, both in trial court and appellate court. Whether filing an answer to a divorce complaint, responding to discovery requests, or objecting to a subpoena, deadlines are a regular part of civil court in North Carolina. In some situations, the…

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Can a Premarital Agreement in North Carolina Waive Equitable Distribution?

The division of property is one of the most significant factors in many North Carolina divorces. Spouses accumulate substantial assets and debts throughout their marriage, including real estate, retirement accounts, investment portfolios, vehicles, and bank accounts. North Carolina statutes support equitable distribution, meaning that if either spouse requests it a…

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Can Equitable Distribution Mean Unequal Division in North Carolina?

Equitable distribution in North Carolina is presumed to mean an equal split of marital property, but what happens if this division is unfair or unjust? Dividing Marital Property in North Carolina Assets and debts are considered marital, separate, or divisible property. Marital property can be included in the division of…

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Can You File an Appeal Before a Final Order in North Carolina?

North Carolina family law cases often decide on some of the most important elements of a person’s life. From property and assets in a divorce to child custody arrangements, the outcome of these cases can significantly impact everyone involved. If you feel that the court’s decision is incorrect or unjust,…

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