While marital property is generally divided in equal amounts between the spouses by North Carolina courts, an unequal division is sometimes granted. There is a presumption in North Carolina that an equal distribution is equitable. If a judge finds otherwise, there must be specific findings of fact to support his or her division.
The 12 statutory factors (§ 50-20) that influence whether or not an unequal distribution is a fairer division between spouses include the amount of property owned separately by each spouse, each spouse’s current income, support responsibilities from previous marriages, contributions made to the marriage by each spouse, contributions of support for the other spouse’s education or career, the age and health of each spouse, pensions or retirement accounts not open to distribution and wasting or substantial preservation of marital assets by one spouse and not the other – and other factors.