North Carolina Provisions Which May Be Added to a Division Or Transfer Order In North Carolina, during the process of divorce or separation, a division or transfer order may be issued by the court to allocate and distribute marital property and debts fairly between the parties involved. This ensures that both individuals receive a just share of assets and liabilities accumulated during the course of the marriage. The division or transfer order can include various provisions, which are outlined below: 1. Equitable Distribution: North Carolina follows the principle of equitable distribution, which means that marital property and debts are divided based on what is fair and just, considering several factors such as the duration of the marriage, each spouse's contributions, the economic circumstances of the parties, and any other relevant factors. 2. Marital Property: This provision addresses the distribution of all assets and debts acquired by either spouse during the marriage. It encompasses both tangible assets like real estate, vehicles, furniture, and intangible assets like retirement accounts, stocks, and investments. The court will determine the fair division of marital property, taking into account the contributions and needs of each party. 3. Separate Property: Separate property includes any assets or debts that were acquired by either spouse before the marriage or after the date of separation. Typically, these assets or debts are not subject to division in a divorce proceeding unless they have been commingled with marital property or have been used for the benefit of the marriage. 4. Alimony or Spousal Support: The court may include provisions regarding the payment of alimony or spousal support. The purpose of alimony is to provide economic support to a financially dependent spouse for a specific duration after the divorce is finalized. The amount and duration of alimony are determined based on factors like the duration of the marriage, earning capacity of each spouse, and the standard of living during the marriage. 5. Child Custody and Support: If there are children involved, the division or transfer order may include provisions relating to child custody, visitation rights, and child support. The court will prioritize the best interests of the child when making custody determinations, considering factors like the child's relationship with each parent, their living situation, and their overall wellbeing. Child support calculations are based on North Carolina's statutory guidelines, taking into account each parent's income and the number of children needing support. 6. Insurance and Medical Expenses: This provision addresses the responsibility for health insurance coverage for the dependents, as well as the allocation of medical expenses for the children or either spouse. 7. Tax Considerations: The division or transfer order may also encompass provisions related to tax consequences and considerations arising from the distribution of assets or support payments. It may outline how the parties will handle tax liabilities and exemptions, ensuring compliance with federal and state tax laws. It is essential to consult with a competent family law attorney to navigate the complexities of North Carolina provisions, ensuring that the division or transfer order addresses all pertinent matters and safeguards the interests of each party involved.