伍德拉夫家庭法律组织

公平分配

The Court (unless settled by agreement any time after separation) will divide the property owned by you 和 your spouse. YOU MUST HAVE A CLAIM FOR EQUITABLE DISTRIBUTION PENDING ON THE DATE OF ABSOLUTE DIVORCE, 否则你的权利就没有了. 在北卡罗来纳州,这个过程是

被称为"婚姻财产的公平分配."

有三种类型的属性必须考虑.

(a) "Separate property" includes all property owned by either spouse before the marriage or property acquired during the marriage by one spouse by inheritance or gift from a third party. A gift from one spouse to the other during the marriage is marital property unless the donor states at the time of the conveyance that it is intended to be separate property.

(b) "Marital Property" includes property presently owned that was acquired during the marriage except property determined to be "separate property." "Marital property" includes all vested pension 和 retirement benefits acquired during the marriage 和 prior to separation.

(c) "Divisible property" is relatively new. Divisible property is property subject to equitable distribution upon divorce 和 is defined as real 和 personal property that includes the appreciation 和 diminution in value of marital property 和 other divisible property acquired as a result of actions of the parties during the marriage but before separation, passive income from marital property received after separation 和 increases in marital debt including finance charges 和 interest related to marital debt.

The new law further creates a presumption that an in-kind distribution of marital or divisible property is equitable, but allows this presumption to be rebutted by the greater weight of the evidence, or by evidence that the property is a closely held business entity or is otherwise not susceptible of division in-kind.

The new law makes it easier for the court to make interim distributions of property prior to the final judgment. 根据现行法律, 在临时分配之前, 配偶必须有充分的理由进行这样的分配. The new law authorizes the court to make interim distributions unless good cause is shown that such a distribution should not be made.

The new law further provides that evidence of pre-separation 和 post-separation value is competent as corroborative evidence of the value of marital property as of the date of separation. Divisible property 和 divisible debt are valued as of the date of distribution.

The change relating to motions for interim allocation applies to motions for interim allocation filed after October 1, 1997. The remainder of the new law hereinabove applies to actions for equitable distribution filed on or after that date.

There are thirteen (13) statutory factors the court must consider in deciding whether an equal division is appropriate in your case. 这些因素是:

  • (二)当事人的收入、财产和债务;
  • 之前婚姻的赡养义务;
  • 双方的结婚时间、年龄和健康状况;
  • Needs of custodial spouse to own or to possess the marital homeplace 和 household effects;
  • 预期的退休福利是独立的财产;
  • 配偶双方为获得财产所做的努力;
  • 配偶一方对另一方教育的贡献;
  • Direct contributions that increase the value of separate property;
  • 财产的流动性或者非流动性;
  • 难以评估企业的利益;
  • Tax consequences; 和
  • Actions taken by either party to preserve or waste marital assets;
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