What Is Equitable Distribution?
Equitable distribution is the process of dividing the marital and divisible property of the spouses equitably. The assumption in North Carolina is that the property will be divided equally but there are factors listed in the North Carolina property division laws that allow a judge to consider in determining if an equal division of property is, in fact, equitable. To divide marital and divisible property the property must be classified as marital or divisible, it must be valued and then it is distributed to one party or the other.
The property division laws in North Carolina are centered on the concept that both spouses make important contributions which entitled a homemaker spouse to an equitable share of the property. Thus, if one spouse is staying home to raise the children and the other spouse is out working then both spouses will be entitled to an equal distribution in the event they separate.