What You Need to Know About What a Wife Is Entitled to In a North Carolina Divorce
It is important for a wife to understand what she is entitled to in the divorce process in order to reach an agreement that best suits her needs. Here’s everything you need to know about what a wife is entitled to in a North Carolina divorce.
When a couple divorces in North Carolina, a wife may be entitled to 50% of the marital assets, spousal support, and child support. These entitlements vary depending upon a number of factors considered during the divorce process.
Factors Considered During a North Carolina Divorce
Every divorce is different and, therefore, the judge in each case will weigh factors differently depending upon the specific circumstances. The factors commonly considered when determining what a wife is entitled to in a North Carolina divorce include:
- The duration of the marriage
- The conduct of each of the spouses during the time of the marriage
- The health and age of each spouse
- The spouses’ occupations and financial incomes
- The employability and vocational skills and training of each spouse
- The estate, liabilities, and needs of the spouses
- The ability and opportunity of each spouse to acquire assets and future income
If children are involved, child support will also be taken into account and awarded by the judge.
Equitable Distribution of Marital Property in North Carolina
Equitable distribution is a method of dividing a divorcing couple’s marital property. North Carolina is an equitable distribution state, meaning the law presumes that an equitable distribution of property is an equal distribution of property or a 50/50 split. However, judges may not always split marital property or assets evenly if they believe it will not benefit one or both parties.
“Marital property” is defined as all property acquired by both or either spouses during the marriage regardless of whether both spouses’ names are on the form title. It is important to note that the separate property of each spouse is NOT included in the distribution governed by North Carolina General Statute §50-20.
Separate Property
Separate property includes property that was acquired before the marriage, property acquired by bequest or gift, personal injury compensation, or property that was described as separate property in a written agreement by both spouses (i.e. in a prenuptial or postnuptial agreement).
Separate property is not subject to equitable distribution in North Carolina. Only marital property will be divided during a North Carolina divorce. Unless spouses have mixed or commingled their separate property with marital property, a wife is entitled to all of her separate property after a divorce.
Related: 9 Steps to a Fair Prenuptial Agreement
A Wife May Be Entitled to Alimony (Spousal Support) in a North Carolina Divorce
In a North Carolina divorce, the court will decide whether either spouse is entitled to alimony (also referred to as spousal support).
When deciding on alimony, courts focus primarily on the couple’s standard of living while married and on the property and income of each spouse. To set the amount and duration of a maintenance award, the court must consider these factors:
- The length of the marriage
- The spouses’ standard of living during the marriage
- Each spouse’s income and property
- Age and health of both spouses
- Each spouse’s assets and debts
- The present and future earning capacity of both spouses
- Marriage history
- If children are present
Related: North Carolina Spousal Support Laws: Calculating Alimony
A Wife May be Entitled to Child Support in a North Carolina Divorce
A wife may be entitled to spousal support if she holds sole or joint child custody. Primary custodial parents typically receive child support to cover their children’s expenses. A parent sharing joint custody may receive child support if they are unable to provide financially for the child on their own.
If parents are unable to agree upon child support terms on their own, a judge will use the following factors to determine a child support award:
- The parents’ gross monthly incomes
- Pre-existing child support obligations or other dependent children for whom the supporting parent is responsible
- Any work-related daycare or childcare expenses paid by the parents
- Health insurance premiums paid by either parent for the child
- “Extraordinary expenses” paid on behalf of a child (such as private school tuition)
FAQs About What a Wife is Entitled to in a North Carolina Divorce
Are wives entitled to child custody in North Carolina divorces?
No, mothers or wives are not automatically granted child custody in North Carolina. A judge determines child custody based on the child’s best interests, which may include giving the mother sole custody, joint custody, or visitation.
Does North Carolina grant divorces based on marital fault?
No, North Carolina is a no-fault divorce state. However, North Carolina does consider fault in other circumstances such as awarding alimony.
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