Marital Domestic Separation and Property Settlement Agreement Minor Children no Joint Property or Debts where Divorce Action Filed - North Carolina 2025

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The alimony calculator in North Carolina works by dividing the difference between the spouses incomes by two. When calculating the amount of alimony, a judge will take your gross income and subtract your reasonable expenses to determine net income.
North Carolina law presumes that an equal (50/50) division of marital property is equitable, or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.
North Carolina is an ``equitable state, meaning that there is no predefined formula for dividing assets. The judge will divide all assets acquired during the marriage and set alimony/child support payments in the most fair way possible.
Assets that may be protected from equitable distribution during a divorce are typically belong to one of two types: premarital property that has been kept from being commingled or transitioned and gifts or inheritances.
All property owned at the date of separation between the parties is generally presumed to be marital, however, separate property of either spouse is not marital and not subject to division. Separate property will consist of assets that were acquired before marriage, or through inheritance or gift during the marriage.
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Both spouses can only remove the other from the marital home with a court order. So, if there is no court order in place, they both have the equal right to remain in the house throughout the separation period. But remember, living together is not considered a separate residence.

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