Divorce is tough, isn’t it? When you’re going through such a significant life change, the last thing you want to worry about is whether your assets will be divided fairly. That’s where a property division attorney comes in.
You and I both know that dividing property during a divorce can be one of the most contentious and confusing parts of the process. You have worked hard to build your life, and now, it’s crucial to ensure that your assets are handled justly.
You’re already dealing with the emotional toll of separation, and now you’re facing the daunting task of splitting everything you’ve accumulated. It can feel overwhelming. A property division attorney can take that burden off your shoulders. They work to help you understand how to protect your interests and ensure you receive a fair share of the marital assets.
You might be wondering, “Do I really need an attorney for this?” The answer is yes. Property division involves more than just splitting things down the middle. There are laws and factors that come into play, such as the length of the marriage, contributions to the marriage, and the future needs of each spouse. You deserve someone who understands these complexities and can advocate for you.
So, let’s dive in and explore why having a property division attorney on your side is essential for fair asset distribution. With the right support, you can navigate this challenging time with confidence and peace of mind.
What are the Types of Property We Need to “Equitably” Split?
When you’re going through a divorce, dividing assets and debts can feel like navigating a minefield. One key area is understanding the different property types and how North Carolina law handles them.

Marital Assets vs. Separate Property
First, let’s differentiate between marital property and separate property.
- Marital property includes assets and debts acquired during the marriage, such as your home, cars, and retirement accounts. This also includes income earned and debt incurred during the marriage.
- Separate property consists of assets and debts one spouse brought into the marriage or received individually as gifts or inheritances.
Equitable Distribution
North Carolina follows the principle of equitable distribution. This means that while marital property is divided fairly, it’s not necessarily a 50-50 split.
The court considers various factors to decide what is fair, including:
- Length of the marriage and the age and health of both individuals
- Income and property, and debts of each spouse
- Contributions to the marital estate
- Support obligations from a previous marriage
- Whether a parent needs to stay in the family home with the kids
- Future financial expectations, such as retirement plans
- Contributions one spouse made to the other’s career or education
- Efforts to maintain or increase the value of property
- Whether assets are easy to sell or hard to value, like a business
- Tax consequences
- Wasteful actions affecting the property
- Any other relevant factors for a fair division
The goal of an experienced property division lawyer is to ensure that you receive your fair share based on all of these considerations.

From your initial consultation through any court proceedings, we can help you navigate this complex process. Get in touch with Simmons and Hill Law Group today.
Let’s work together to ensure you have the support and information to overcome this difficult time.
Types of Marital Property (Property Acquired During Marriage)
Let’s dive into the specific assets and debts that we need to equitably split:
- Real Estate: This includes your family home and any other properties purchased during the marriage. The value of these properties will be assessed and divided accordingly.
- Investment and Retirement Accounts: Stocks, bonds, and retirement savings like 401(k)s and IRAs are part of the marital assets. Even if only one spouse contributed, these are considered marital property.
- Vehicles: Cars, boats, and other vehicles purchased during the marriage fall under marital property and need to be divided.
- Business Interests: If either of you owns a business or a professional practice, its value must be determined. This can be complex and often involves forensic accountants to ensure an accurate valuation.
Debt Division
Equitable distribution isn’t just about splitting assets; it also involves dividing debts. Marital debt includes loans and credit card balances incurred during the marriage.
We need to carefully distinguish between marital and separate debts, as this significantly impacts the division process.

Economic Circumstances and Contributions
The court looks at the economic circumstances of each spouse and contributions to the marriage.
Contributions aren’t just financial; non-economic contributions like homemaking and child-rearing are equally important. If one spouse contributed to the other’s career or earning potential, this is also taken into account during the property division process.
Complex Property Division Issues
Sometimes, the reality of property division matters is not easily determined. This is when property division lawyers can make all the difference for you.
Let’s consider some situations where asset division is not cut and dry.
James and Margaret: The Challenge of Illness
James and Margaret had been married for 40 years. They built a life together, accumulating various assets, including a family home, investment accounts, and retirement savings.
However, as they aged, Margaret developed a severe illness requiring extensive medical care and expensive treatments. During their divorce, the court had to consider Margaret’s health and future medical needs. This complicated the property division because it wasn’t just about splitting assets equally but ensuring Margaret had the resources for her ongoing care.
James wanted to ensure she was taken care of but also wanted to preserve his own financial stability.

Lisa and Mark: Infidelity and Trust Issues
Lisa and Mark seemed like the perfect couple until Mark discovered that Lisa had been unfaithful multiple times. Lisa’s infidelity led to a breakdown in their marriage, resulting in a contentious divorce. Mark felt betrayed and was determined to get a fair share of their marital assets, which included their home, cars, and savings.
The court had to consider Lisa’s infidelity and its impact on the marriage. Mark argued that his faithfulness and contributions to the household should be considered, while Lisa sought to minimize the consequences of her actions on the property division.
Emily and Tom: The Business Owner’s Dilemma
Emily and Tom were married for 15 years. During this time, Tom started a successful business, which he owned solely in his name. As their marriage deteriorated, the business became a significant point of contention in their divorce.
Tom wanted to keep the business intact and free from Emily’s claims, arguing that he had built it with his efforts. Emily, on the other hand, felt entitled to a portion of its value, having supported Tom emotionally and financially during the business’s early years. The court had to evaluate the business’s worth, Tom’s contributions, and Emily’s indirect support, making this a complex property division case.
Dividing property during a divorce can be challenging and emotionally charged. Having seasoned property division attorneys by your side ensures that all assets and debts are fairly evaluated and divided.

Experienced Family Law and Divorce Attorneys For Your Best Outcome
At Simmons and Hill Law Group, we understand that divorce can be one of the most challenging experiences in your life. Our team of experienced family law and property division attorneys is here to ensure you achieve the best possible outcome.
We skillfully navigate complex property division issues, ensuring that your assets and debts are divided fairly according to North Carolina’s equitable distribution laws.
We consider every detail of your unique situation, from your financial standing and contributions to your marriage to the nuances of your marital property. Our goal is to protect your interests and secure your financial future.
With our in-depth knowledge of state laws and commitment to personalized service, we provide the guidance and support you need throughout the divorce process. Whether it’s valuing a business, dividing retirement accounts, or handling the intricacies of debt division, we are equipped to manage it all.
Reach out to us at Simmons and Hill Law Group for an initial consultation. Let us help you navigate this challenging time with confidence and clarity. Our dedicated team is ready to fight for what’s rightfully yours and ensure a fair and equitable resolution.