North Carolina is an equitable distribution state wherein the law presumes that the most equitable division of marital property is a 50/50 split. Marital property can be defined as property acquired by both spouses within the duration of the marriage up to the date of the separation. Marital property doesn’t include gifts or inheritance received by one spouse regardless of whether it was received during the time of marriage.

Instead of a judge, the separating couple can decide on the terms of property division, which is often the case in North Carolina. Although the judge presumes that a 50/50 split is the most equitable distribution, there are other factors that can affect the judge’s decision, including but not limited to, the earning potential of one of the spouses and the need for minor children to remain in the family home.