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Understanding how equitable division works in North Carolina

When couples are considering divorce in Charlotte, North Carolina, one major concern they may face is how to divide their property. When a decision cannot be reached by the couple on how to divide up their assets, a judge typically will make it for them. North Carolina is an equitable distribution state which means that assets are not just simply divided down the middle. Instead, the judges consider a number of factors to determine the needs and abilities of each spouse during the divorce process. Spouses may be granted more than half or less than half of the marital property based on these factors.

According to Forbes, a few of the factors that judges take into consideration during the equitable distribution process include the following:

  • How long the marriage has lasted
  • If one spouse has helped the other to increase his or her earning power
  • Income of each person
  • Standard of living enjoyed during the marriage
  • Education level of each spouse
  • Health of each spouse

It is important for people who are faced with divorce to gather this information in order to show the judge why they should receive more of the marital property. For example, a woman who cannot work because she is disabled could present this information to the court in order to show that she should be awarded a larger portion of the marital property. The more documentation that spouses can present, the stronger they can make their case for their claims.

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