Divorce and Equitable Distribution of Property
Equitable distribution of your property in a divorce sounds like an equal 50-50 split. However, there are a lot of factors a judge will consider when it comes to dividing your property:
- Non-marital property. These are assets you brought to the marriage, or gifts or inheritances you received during the marriage.
- Earning power. The spouse with less earning power is usually given a greater percentage of property.
- Who earned the property? Favors the spouse who worked hard to acquire or maintain the property.
- Services as a homemaker. Usually awards a bigger percentage to the spouse who worked as a homemaker.
- Waste and dissipation. If your spouse wasted money, such as gambling, that could count against him or her when it comes time to divide property.
- Duration of marriage. The longer the marriage, the more likely a judge will view you as equal partners.
- Age and health. If one spouse has ill health or is significantly older, the courts generally award a larger percentage of property to the sicker or older spouse.
At Owens & Nelson, we want to help you get through this chapter of life so you can begin a new one. We know property distribution is one of the more difficult aspects to divorcing. However, it is our job as your divorce lawyers to gather this information and think through these details on your behalf.
Owens & Nelson has been helping families in our community for nearly 60 years. In eastern North Carolina and Pitt County, hundreds of clients a year count on our attorneys for all their legal needs, including divorce and distribution of property. Call Owens & Nelson in Greenville at 888-535-1257 or contact us online.
