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North Carolina Divorce Information Property Ownership For Divorce Purposes Equitable distribution state, which means the court has the authority to divide marital property in any manner which is "equitable" or "just," though a 50/50 division will be presumed to be equitable. Marital fault is generally not considered when dividing property in North Carolina. What Property is Divided? Separate property state. Only marital property is divided in a divorce. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift, 3) Property acquired by inheritance, 4) Appreciation of separate property, 5) Income from separate property. The non-pension-holding spouse cannot get more than 50% of a pension. Alimony At the court's discretion. Marital fault can be considered, and certain acts of sexual infidelity may be a bar to receiving alimony. Terminates upon the death of either party, and upon the receiving party's remarriage or cohabitation with another person. Child Support Income shares method, which means the income of both parents is considered. Emancipation is age 18, but if a full-time student, can be extended to age 20. Courts generally will not order payment of college education costs. Child Support Calculator. Child Support Enforcement The North Carolina child support enforcement agency can be found at: http://www.dhhs.state.nc.us/dss/cse/index.htm Divorce Related Statutes For North Carolina http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0050 Other Resources The Divorce Financial Survival Series |