Wilmington Equitable Distribution Attorney

When parties in Wilmington, North Carolina are seeking a divorce, they must make a claim for property division before the divorce is finalized or they lose the opportunity to have assets and debts split. While couples are encouraged to work together to reach a property division agreement, they are not always able to do so; when this is the case, the court will intervene, and will issue a property division judgment that is based on North Carolina’s equitable distribution laws. Our Wilmington equitable distribution attorney can guide you through the law and how to walk away with a fair outcome.

What Is Equitable Distribution?

Equitable distribution is a way of dividing marital and other divisible property between parties in a divorce in a way that is equitable, but not necessarily equal. There are three types of property that are recognized in the state, two of which are subject to equitable division laws:

Marital Property

Marital property is all property that was acquired by either spouse during the course of the marriage, such as a home or a car, even if the property is only in one spouse’s name. Marital property is subject to equitable distribution/division.

Separate Property

Separate property, on the other hand, is that property which was acquired by either spouse prior to marriage, or which was acquired by one spouse by gift or inheritance prior to or during the marriage. Separate property is not subject to division; however, what one spouse does with separate money during the marriage may change the identity of the property to marital.

Divisible Property

Section 50-20 of North Carolina Code also recognizes and defines divisible property, stating that divisible property is that property which is acquired or increases in value after the date of separation and prior to the date of distribution of property, including passive income (interest and dividends) and passive increases and decreases in marital debt.

How Does a Court Determine What Is “Equitable?”

Again, a couple involved in a divorce is encouraged to reach a property division settlement on their own, through mediation and negotiation, without the interference of a court. If a court must become involved due to the couple’s inability to reach an agreement, the court will determine what is equitable after considering numerous factors (NC General Statutes Section 50-20(c)), including:

  • The income, property, and liabilities of each party;
  • Whether an award of spousal support is part of the divorce settlement;
  • The duration of the marriage;
  • The age and physical health of both parties;
  • Pension and retirement benefits of either party that are not marital property;
  • Any equitable claim to marital property held by either spouse;
  • The contributions of one spouse to help the development and success of the other;
  • The character and value of property involved;
  • Tax consequences to each party that would result from a distribution award;
  • Any acts committed by either party that improved or worsened the value of marital property; and
  • Any other factor that is relevant and which the court deems “just and proper.”

Work with a Skilled Wilmington Equitable Distribution Attorney

At the offices of the Speaks Family Law, PC, our Wilmington equitable distribution attorney provides aggressive representation during negotiations with your spouse, as well as in divorce litigation. We will work hard for you to help you reach the best possible divorce outcome and preserve your right to your full property award. Call our team today to get started.

Ask a Question,
Describe Your Situation,
Request a Consultation

Call (910) 769-7339 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
* Required Fields
Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Questions or Schedule An Appointment?

Call (910) 769-7339

Related Practice Areas

View All Practice Areas

What Our Clients Are Saying

  • I was very pleased with the way that Speaks Family Law handled my case. They worked hard to get the most money that they could. Everyone at the firm was always polite and always answered all of my concerns. I would definitely recommend Speaks Family Law to anyone who needs representation. I always knew that they were there anytime I needed them. A big “Thank you!” goes out to all of the people who are involved with the firm.

    - KE -

  • “She was amazing, she was able to give me the information I needed and was straight forward about what was possible regarding my son. She has made me feel confident in knowing that father’s have just as much legal rights to kids as moms. If I need legal help regarding anything further I will be contacting her again for sure.”

    - D. L. -

  • It was a very helpful experience and I am especially grateful for the way they answered my questions and helped me navigate what would have been a much more difficult situation. I felt that my interests were fought for and taken care of and would hightly recommend anyone who might go through this to be respresented by Speaks Family Law.

    - S.H. -

View More Testimonials

Questions or Schedule An Appointment?

Call (910) 769-7339

Speaks Law Firm is a nationally recognized firm

Questions or Schedule An Appointment?

Call (910) 769-7339

Related Blogs And Videos

At Speaks Family Law, we provide you with multimedia educational resources to help you become informed regarding your Family Law situation. We invite you to explore our library of articles and videos. The better you understand the factors in your case, the more effectively we can work together towards your goals.

Related Blogs

All Blogs

Related Videos

All Videos

Frequestly Ask Questions

View All FAQs

Questions or Schedule An Appointment?

Call (910) 769-7339

Hours of Operations

Open: Mon - Fri: 8:30AM - 5:30PM

We focus on each case like it is our only case. We thrive on finding creative, comprehensive and effective ways to exceed client expectations. We adhere to the highest standards of ethical conduct.
© Copyrights 2022. Speaks Family Law Firm. All Rights Reserved.

This website and the information contained here within is provided by Speaks Family Law as a service to clients and friends. It is not intended to be a solicitation or to render legal advice. Contained in the website is information about legal issues and legal developments. Content provided is for informational purposes only and may not reflect the most current legal developments. The content is not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Use of this website or the information provided by this website, including contacting one of our attorneys, does not create an attorney-client relationship between you and the firm. Prior to the acceptance of a new client or matter, the firm must conduct a search for possible conflicts of interest (already representing another party involved in the matter), and obtain a signed engagement letter. This website should not be used to provide confidential information about a legal matter. This website may provide links to third-party websites. Such linked websites are not under the control of Speaks Family Law and the firm assumes no responsibility for the accuracy of the contents of such websites.

Call Us
Email Us