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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.
North Carolina also recognizes separate property, which is property that belongs to one spouse and not the other. Separate property includes: Inherited property, such as money or real estate. Property acquired prior to marriage?including real estate, bank accounts, and vehicles.
What is a spouse entitled to in a divorce in NC? A spouse is typically entitled to some amount of alimony or spousal support, depending on the decision of the NC divorce courts. A spouse may also be entitled to a 50/50 split of marital property if so decided by the courts.
You list all the assets, and debts (debts should be divided as well) acquired during the marriage. Then you figure out the net value of the asset or debt. Then you start dividing the assets or debts and watch the total at the bottom. One spouse can take 100% of the house, while the 401K is divided 60% / 40%.
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.