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Marital property includes property presently owned that was acquired by both parties ? and debts created ? during the marriage. It includes all vested pension and retirement benefits accrued between the date of marriage and the date of separation.
How to Write a Separation Agreement Name and address of both spouses. Details of the marriage. Beginning date of the separation. Statement of the intention to separate. Terms of use of the agreement. Specifications regarding the division of assets and the shared financial or child responsibilities of both parties.
A Separation Agreement is a document that two people in a marriage use to divide their assets and responsibilities while they are separated.
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.
Separation does not always mean courts and judges?in fact North Carolina makes it very easy to make an agreement on all of these matters. Simply having a drafted document, notarized and signed may resolve these issues. A separation agreement can be effective especially when you have children and property involved.
The Rules for Division of Assets in a California Divorce Each spouse is entitled to 50 percent of marital property. Virtually all property, money and assets acquired during the course of the marriage are considered marital property with a few very limited exceptions such as an inheritance left only to one spouse.
North Carolina law presumes that an equal (50/50) division of marital property is ?equitable,? or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.
If One Spouse Wants the Other to Leave North Carolina courts have the power to force a spouse out of the marital residence if the other can prove a claim for divorce from bed and board, child support, and alimony or postseparation support where fault is shown.