How Courts Divide Marital Property
During a divorce, spouses must have their shared property divided between them. Although property that each spouse acquired separately before the marriage is likely not subject to division, the property jointly-owned by the married couple will be equitably distributed between them either through a legal agreement or through a court-ordered decision. Courts employ the concept of equitable distribution in order to fairly, but not necessarily equally, divide marital property.
Determining Equitable Distribution
While dividing marital property, the court may take into account any of the following considerations:
- Each person’s contribution to obtaining, preserving, and increasing or decreasing the value of the property
- The wasteful or extravagant use of property by either spouse
- The length of the marriage
- Each individual’s future economic circumstances
- Obligations from previous marriages
- Post-nuptial agreements
- Each person’s age, health, occupation, vocational skills, estate, source and amount of income, and needs
- Child custody and children’s needs
- “Reasonable opportunity” for either spouse to acquire income in the future
- Increased taxes due to property division
Depending on these factors and others, a court will decide how to divide property between a divorcing couple. In some situations, one spouse may feel as though he or she has not been provided with an equitable share of the property. However, with the help of an experienced Raleigh divorce attorney, you can fight for the fair distribution of property that you deserve.
Our knowledgeable Raleigh divorce lawyers work closely with each client to reach a fair and generous divorce settlement. For help with your divorce and the division of property, contact the Marshall & Taylor PLLC at (919) 833-1040.