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The following are examples of Equitable Distributions: Spouses receive an equitable ownership interest in the marital home. Spouses receive an equitable division of assets accrued during the marriage. Ex-spouse receives cash payment each month for support.
In some cases, marital debt may occur because of the equitable distribution process. This means that one spouse gains debt because of property division and may experience financial hardship as a result. If this is the case, the court may treat marital debts as divisible between spouses.
In North Carolina, the strong presumption is that an equal or even distribution to both spouses is equitable. However, in some cases, a judge may decide to divide the marital property another way in order to be equitable.
Equitable distribution is a principle in divorce law governing the allocation of marital property between spouses. In states that use equitable distribution, courts try to achieve a fair allocation of property based on a list of factors or guidelines set forth by state law.
The court considers many factors when deciding what is equitable, including the length of the marriage, the earning power of each spouse and the contributions each spouse made. For example, a spouse who contributed much more during the marriage might receive 60% of marital assets.