Unequal Distributions
North Carolina General Statute 50-20(c) lays out 12 (14 if you include subparts) factors that the court can use when determining if an equal distribution is not equitable. Here is a plain-English breakdown of what the court is actually looking for when determining whether to distribute in a manner that favors one spouse over the other:
- Financial Status
The court looks at what each person owns (assets), what they earn (income), and what they owe (debts) at the moment the divorce is finalized. Essentially: "Who is leaving the marriage with the most financial stability?"
- Past Obligations
If one spouse is already paying alimony or child support from a previous marriage, the court takes that into account. It recognizes that those funds are already "spoken for."
- Personal Profile
This considers how long you were married, how old you both are, and your physical and mental health. A 25-year marriage involving a spouse with a chronic illness is treated very differently than a 2-year marriage between two healthy 20-year-olds.
- The Family Home
The court prioritizes the well-being of the children. If one parent has primary custody, the judge will consider if it’s better for that parent to stay in the family house so the kids don't have to move.
- Future Payouts
If one spouse has a separate pension or retirement fund that isn't part of the shared marital property, the court looks at that. If Spouse A is set to inherit a massive private pension later, Spouse B might get more of the current shared assets to balance things out.
- Contributions to the Household
This is a big one. It acknowledges that being a stay-at-home parent, a homemaker, or a supportive partner has monetary value. Even if you didn't "pay" for a house, your work as a parent or spouse counts as a contribution toward acquiring it.
- Career Support
Did you work two jobs so your spouse could go to medical school? The court looks at whether one person helped build the other person’s career or education during the marriage.
- Improving Separate Property
If you entered the marriage owning a house (separate property) but your spouse spent years helping you renovate it or used marital funds to pay down the mortgage, the "increase in value" caused by those efforts can be considered.
- Liquidity
This is about "cash vs. stuff." Some assets are easy to spend (cash/savings), while others are hard to sell (a house or a rare collection). The court tries to make sure one person doesn't end up with all the cash while the other is "house poor."
- Business Interests
If one spouse owns a business, the court evaluates how hard it would be to split that business up. It usually tries to keep a business intact and under the control of the person running it, rather than forcing a sale that could ruin the company.
- Taxes
The "hidden" costs. Selling a house or cashing out a 401(k) often triggers taxes. The court considers who will be stuck with the tax bill so the final "net" amount is actually fair.
11a. Post-Separation Behavior
The court watches what you do after you move out but before the divorce is final. If you spend marital money on a vacation with a new partner ("waste"), or if you spend your own money to fix the roof of the marital home ("preserve"), the judge will adjust the split accordingly.
11b. Death During the Process
If a spouse dies before the property is split, the court looks at what the surviving spouse gets automatically (like life insurance or joint bank accounts) to decide if the remaining property still needs to be divided.
- The "Anything Else" Rule
This is the "catch-all." It gives the judge the power to consider literally anything else they think is relevant to making the situation fair.
Does one of these factors seem particularly relevant to your current situation?
