What is an equitable distribution of assets in a military divorce?

An equitable distribution of assets in a military divorce in North Carolina is a court-ordered division of the couple’s property during a divorce. This division of assets is based on fairness, though not necessarily an equal division. North Carolina is an equitable distribution state, meaning property is divided between the spouses in a way that a judge deems fair and equitable, but not necessarily equal. The judge takes into consideration many factors when determining an equitable distribution, including the length of the marriage, the spouses’ ages, the health of each spouse, each person’s income and assets, each person’s future earning capacity, contributions to the marital estate, tax consequences, and other factors. In a military divorce, the judge will consider the same factors, but may also take into account the “potential loss of the military’s medical and dental benefits” and additional benefits available only to military retirees. The military spouse may receive a larger portion of the property due to this potential loss. The court’s decision on the equitable distribution of assets is made without regards to fault. Once assets are distributed, they cannot be changed unless there is proof of fraud or mistake. It’s important to remember that the court has the authority to divide property in the way it sees fit. As such, it is important to have a knowledgeable attorney to ensure your rights are protected.

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What is an equitable distribution of assets in a military divorce?

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