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A 50-50 asset split isn't always the way to go

It might seem fair to split your marital assets right down the middle, giving half to one spouse and half to the other. However, circumstances could be such in your marriage where this kind of asset split feels like it's anything but fair. Actually, a North Carolina court might feel the same way in your asset division proceedings and -- if you're trying to deviate from the equal split -- there is a possibility you could get what you want in some cases.

Initially, a North Carolina family law court will approach your case with the presumption that your marital estate will be divided in half. But there are some specific circumstances that could result in a deviation.

Here are some of the most common scenarios that might result in an unequal division:

-- One spouse cannot earn back the assets: If one spouse stopped working, and left behind a career in order to watch the kids, or to help support the other spouse in his or her job, this sacrifice could mean that the spouse is unable to return to work immediately to make sufficient income to be independent.

-- One spouse committed adultery: If adultery is proved in a North Carolina divorce case, the innocent spouse might receive more property during the asset division process.

-- The presence of separate property and/or non-marital assets: Especially in cases that involve a large inheritance, or has large non-marital assets that were owned prior to marriage, the court might choose to keep those assets out of the division process.

North Carolina residents considering divorce proceedings may want to investigate how their marital estate will likely be treated during their divorce proceedings. Will it be a 50-50 asset division split? Could more assets be awarded to one spouse over the other? These questions and more are best to answer and consider before one files so that no surprises are encountered after the divorce trigger has irrevocably been pulled.

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