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Distribution Type
Equitable Distribution
Default Split
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution with presumption of equal division

North Carolina presumes equal division of marital property but permits unequal distribution when equal division would not be equitable. Courts apply specific statutory factors to determine whether deviation is warranted.

Statutory Factors

The following factors are commonly evaluated under North Carolina law:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Statute Reference

Citation: N.C. Gen. Stat. §50-20

Source: https://www.ncleg.gov/Laws/GeneralStatutesTOC

Source & verification AI draft
Citation
N.C. Gen. Stat. §50-20
Source URL
https://www.ncleg.gov/Laws/GeneralStatutesTOC
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Reference Library

North Carolina Property Division

North Carolina General Statute §50-20 establishes a presumption of equal division of marital property. Courts must begin with the presumption of equal division and may deviate only when equal division is not equitable. Distributional factors include the length of the marriage, income and liabilities, contributions, tax consequences, and any other factor the court finds relevant to making a fair division.

Citation: N.C. Gen. Stat. §50-20

Source: https://www.ncleg.gov/Laws/GeneralStatutesTOC

Last updated: 2026-05-19T01:39:53.891029