North Carolina, which handles property division during divorce proceedings differently from other states in the United States, uses equitable distribution to determine the separation of assets. However, the “equal” distribution of a marital couple’s divisible property has to be determined by the courts after they have looked at the couple’s assets. This can be a highly problematic arrangement as a spouse can view the matter as unfair if they believe their spouse is awarded disproportionately.
For this reason, lawyers encourage couples to have a prenuptial agreement for this arrangement can help a couple achieve an equitable distribution of their property during the event of a divorce.
When establishing a prenup, both parties should take note of which properties or assets should be under their name. This move is particularly beneficial for members of longer marriage as the longer a married couple stays together, the more entangled their financial lives become. By accounting for one’s own personal assets early on in a marriage, complications may be avoided later.
If you find yourself going through a difficult moment in your family life such as a divorce, a child custody dispute, or an asset division dispute, our experienced attorneys at Marshall & Taylor PLLC in Raleigh can help you. Please call our offices today at (919) 833-1040 to speak with a qualified member of our legal team.