asset division

Asset and Property Division in North Carolina Divorce

Published on: January 15, 2025 | On behalf of Arnold & Smith, PLLC

Asset and Property Division in North Carolina Divorce

Going through a divorce is not always easy. It can be one of the most stressful times in your life. As you go through the divorce process, you and your spouse will need to discuss how to divide your property. Finances are often the most divisive part of a divorce. Even amicable splits can turn acrimonious when it comes to asset and property division. A knowledgeable divorce attorney will guide you through the divorce process and help make things easier and less stressful.

Types of Property

Separate Property in Divorce in North Carolina

Published on: October 16, 2024 | On behalf of Arnold & Smith, PLLC

Separate Property in Divorce in North Carolina

Going through a divorce can be a daunting experience, both emotionally and financially. One of the most difficult parts of the process can be dividing your assets. In North Carolina, assets are to be distributed in an equal manner between spouses. While that may sound like an easy thing to do, in practice, dividing property can be quite difficult. One of the first things you will need to do is determine which assets are marital and which are considered separate, or nonmarital.

How Assets are Distributed in a Divorce

How to Split Up the 401(k) Plan Assets in a North Carolina Divorce?

Published on: December 25, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

No one ever thinks that their marriage is going to end someday, which is why the vast majority of us are never prepared for it when it does happen. Going through the divorce process can be an emotional undertaking. After all, you are divorcing the person you have lived with for the past years or decades who may also be the mother/father of your children.

Financial Considerations During a Divorce in North Carolina

Published on: June 26, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How much does it cost to get divorced, and how does the billing process work?”

Going through a divorce can be stressful. You are suddenly tasked with splitting up a life that you built with another person and dividing all of your possessions, assets, and debts between you. In North Carolina, marital property is distributed under the premise of equitable distribution. This means that property is split according to what is fair, not necessarily equal, for each of the individuals. After the property distribution is settled and your divorce agreement is in place, there are additional financial considerations that will impact all divorced individuals.

How are Student Loans Treated in Divorce?

Published on: May 29, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

When a marriage is ending, a judge is tasked with separating the assets and belongings of a married couple. The first thought in most people’s minds is how the assets of the couple are going to be divided. What most people fail to consider are the debts that a couple might be carrying. The debts that a couple incur during marriage also need to be part of the distribution of property; it is not just assets that get divided in divorce.

False Allegations Made During Divorce: Here is What You Need to Know

Published on: May 22, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

Stressful situations can make people do unthinkable things, things that you would never expect an individual could be capable of based off of your experiences with them. During a contentious divorce, you might see a side of your former spouse come out that you never expected. There have been instances in which one spouse makes up stories about the other in an attempt to sway opinion. Lies are told in an attempt to receive more of the marital assets, receive the child custody agreement they want, or even to increase the amount of alimony received. You might think that false allegations will not affect you, but there are real consequences that come with certain allegations. If you are facing the challenge of a false allegation during divorce proceedings, here is what you need to know.

Social Media can Have Unintended Consequences on Divorce

Published on: July 25, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

Going through a divorce is a major transition in life. Suddenly, your assets are being divided, custody arrangements are being set, and you are left negotiating with a soon-to-be-ex spouse over assets and issues you never thought would be the subject of a legal battle. We see divorce on television or witnesses our close friends and families go through divorce, but we do not often consider the impact that our actions might have on the outcome of a divorce.

An Explanation of Collaborative Divorce in North Carolina

Published on: July 11, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Going through a divorce can be tough. You are ending a relationship and declaring that you wish your legal marriage be terminated. The very nature of a relationship ending can lead to heightened emotions and turmoil during the divorce process. In an effort to avoid contentious divorces, be mindful of your options; there is an alternative to the traditional contentious divorce proceeding. Couples can decide to engage in a collaborative divorce proceeding.

Illinois Changes Divorce Law For Pets

Published on: January 17, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

We have discussed it several times before, pets are one of the most important parts of a divorce to be ignored from a legal perspective. Other key aspects of a split, including money, property and, obviously, children are all addressed by various laws and must be signed off on by a judge. Animals, on the other hand, are at best treated like any other item of personal property or, at worst, utterly ignored. Given the importance many people place on their pets, experts have said for years this is an area of the law that is ripe for change.

Divorce and the impact on your Thrift Savings Plan (TSP)

Published on: August 9, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Divorce can impact a number of aspects of your life. Though most people understand that it will lead to changes in housing, your household budget, possession of certain items of personal property and the division of bank accounts, many may not be thinking about the impact divorce can and does have on retirement. To learn more about the impact divorce has on Thrift Savings Plans, known as TSPs, keep reading.