In North Carolina, there is a presumption that marital property is divided between spouses 50/50. Any property, whether a debt or an asset, acquired by either spouse during the marriage and before separation is considered marital property and is subject to division.
There are certain exceptions to this presumption such as inheritance and gifts. Any property owned by either spouse prior to the marriage would remain their separate property and not be subject to division by the court. There are circumstances where a court will consider giving one spouse a greater share of the marital property based upon several factors.
Accounting for and dividing up all of the marital property in a marriage can be daunting, especially while simultaneously facing the emotional toll of a separation. It can also seem unfair to have to share something with your ex-spouse that you worked hard to earn during the marriage. Jackson Legal focuses on finding practical, creative solutions in each equitable distribution case that maximizes our client’s financial goals. We have the resources not only to handle complex marital estates but to make sure each client’s financial needs are met.