Helping You Keep What Is Rightfully Yours During Divorce
When you are going through a divorce, one of the most important and emotional questions is, “What happens to everything we own?” From your home and vehicles to savings, retirement accounts, and personal belongings, the property you have accumulated over the years is more than just items. It represents hard work, shared effort, and the life you built as a family.
At the Law Office of Stephen E. Robertson, PLLC, our Greensboro and Durham equitable distribution attorneys understand how overwhelming property division can feel. Whether your estate is simple or complex, we work closely with you to identify what is rightfully yours and help you receive a fair and legally sound division of property. Our goal is to protect your financial security so you can move into the next chapter of your life with confidence.
With more than twenty years of family law experience, our attorneys guide clients through the equitable distribution process with skill, compassion, and clarity. We help you understand your options, explain how North Carolina law applies to your situation, and ensure that your rights are fully protected at every stage of your divorce.
What Is Equitable Distribution?
In North Carolina, the division of property during a divorce follows the principle of equitable distribution. This means that marital property must be divided in a way that is fair, not necessarily equal. The law recognizes that marriage is a partnership, and both spouses contribute to the accumulation of assets and debts, whether through income, childcare, homemaking, or other responsibilities.
Equitable distribution applies only to marital property, which includes most assets and debts acquired by either spouse during the marriage. This may include:
- Real estate
- Vehicles
- Furniture and household goods
- Bank accounts and savings
- Investment accounts
- Retirement plans and pensions
- Businesses or business interests
- Credit card debt
- Personal loans
- Mortgages and home equity lines
Separate property, however, belongs only to one spouse and is not divided during divorce unless it has been mixed with marital funds.
Understanding the Differences Between Marital Property and Separate Property
Before any property can be divided, it must first be classified. This is one of the most important steps in the equitable distribution process, and many misunderstandings arise because spouses are unsure what belongs to whom.
What Is Marital Property?
Marital property includes all assets and debts acquired from the date of marriage until the date of separation. It does not matter whose name is on the title or who made the purchase. If the property was acquired during the marriage, the law typically considers it marital.
Examples include:
- A home purchased while married
- Cars bought during the marriage
- Salaries and wages
- Savings accumulated together
- Retirement contributions made during the marriage
- Furniture, appliances, or electronics purchased as a couple
What Is Separate Property?
Separate property belongs solely to one spouse and is not included in the equitable distribution process. It generally includes:
- Property owned before the marriage
- Inheritances received individually
- Gifts specifically given to one spouse
- Property identified as separate in a valid prenuptial or postnuptial agreement
When Separate Property Becomes Marital Property
Separate property can become marital property in a process called “commingling.” For example:
- If one spouse uses separate money for a down payment on a home titled jointly, the home may be considered marital property.
- If separate funds are deposited into a shared account, the money may lose its separate character.
- If both spouses contribute to the growth of a separate business, part of the business may become marital property.
These issues can be complex, but our attorneys know how to identify and trace separate assets to ensure you keep what is rightfully yours.
The Equitable Distribution Process in North Carolina
When spouses cannot reach their own agreement through mediation or collaborative law, the court will step in to divide their property through a structured, three step process: identification, valuation, and distribution.
Step One: Identification of Property
The court first determines which property is:
- Marital
- Separate
- Divisible
Divisible property includes changes in marital assets or debts that occur after the separation but before distribution. This may include interest earned on marital bank accounts or passive increases in the value of investments.
Our attorneys help you gather financial documents, titles, statements, and appraisals to ensure everything is properly categorized.
Step Two: Valuation of Property
Once the property is identified, the court assigns a value to each marital asset and debt. Most property is valued according to its fair market value, which is the amount a willing buyer would pay a willing seller.
For many assets, accurate valuation requires experts, such as:
- Real estate appraisers
- Business valuation specialists
- Forensic accountants
- Pension evaluators
Valuation is often the most contested part of equitable distribution because the final numbers directly affect what each spouse receives.
Step Three: Distribution of Property
After all marital property has been identified and valued, the court divides it between the spouses. While North Carolina law begins with the assumption that an equal split is fair, judges may order an unequal distribution when fairness requires it.
Factors that may support an unequal division include:
- Length of the marriage
- Ages and health of the spouses
- Income and earning potential
- Contributions to the acquisition of property
- Contributions to childcare or homemaking
- Waste or misconduct involving marital assets
- Economic circumstances at the time of separation
- Tax implications of the division
- Whether one spouse will have primary custody of children
No two cases are the same. Our attorneys analyze each factor carefully to build a strong argument for the distribution you deserve.
How the Court Decides What Is Fair
Many people assume “equitable” means “equal,” but this is not always the case. Judges have wide discretion, and their goal is to create a division that is fair given the unique circumstances of each marriage.
Some examples of situations where unequal distribution may occur include:
- One spouse sacrificed a career to support the other’s education.
- One spouse wasted or hid marital assets.
- One spouse accumulated significantly more debt.
- One spouse needs the marital home to care for children.
- The spouses have dramatically different incomes or earning potential.
Our attorneys help you present the strongest possible case for a fair distribution, backed by documentation, financial records, and legal analysis.
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Why You Need an Experienced Equitable Distribution Attorney
Dividing property is not just about dividing things. It is about protecting your financial stability for years to come. Mistakes such as undervaluing assets, failing to identify separate property, agreeing to unfair terms, or overlooking tax implications can have long lasting consequences.
Our attorneys help you:
- Identify and value all marital property
- Protect your separate assets
- Uncover hidden or misused assets
- Understand tax implications
- Negotiate fair settlements
- Prepare for litigation when necessary
- Present strong evidence in court
With more than twenty years of experience, our firm brings the skill, judgment, and strategy needed to secure a fair outcome.
Frequently Asked Questions About Equitable Distribution in North Carolina
North Carolina is an equitable distribution state, which means marital property is divided fairly rather than split evenly.
Not always. While equal distribution is the starting point, judges may order an unequal division when fairness requires it.
Hiding assets is prohibited. Courts can impose penalties and adjust the property division in your favor. Our attorneys use discovery tools to uncover hidden income or property.
Yes. Property you owned before marriage is considered separate, unless it has been mixed with marital assets.
Debt accumulated during the marriage is marital debt and will be divided equitably. Debt incurred after separation may be treated as separate.
It depends. Courts consider factors such as custody, financial ability, and each spouse’s circumstances. Sometimes the home is sold, and other times one spouse buys out the other.
If negotiation fails, the court will decide property division. Our attorneys are skilled negotiators and litigators prepared to protect your rights in either setting.
It varies. Simple cases may resolve quickly, while complex cases involving businesses, real estate, or significant assets may take longer.
Get an Experience Advocate on Your Side
To ensure the protection of your right to marital property upon divorce, consult with our Greensboro and Durham equitable distribution attorneys for advice. We have over 20 years of experience handling these complex cases and know what it takes to obtain a fair settlement on your behalf.
Why Hire Us?
- Results You Can Count On
- Compassionate Counsel
- Over 20 Years of Experience
- Stephen E. Robertson is a Board Certified Attorney