Good afternoon, my name is Tony and I would like to ask a question. I’m going thru a divorce at this present time. I own a business my date of separation is 8/22/2009 and our divorce date is 4/25/2011. When it comes down to “Equitable Distribution “does the courts/ Judge look at the business value back on the date of separation or divorce date?
This is from N.C.G.S. 50-20: “Divisible property” means all real and personal property as set forth below:
a. All appreciation and diminution in value of marital property and divisible property of the parties occurring after the date of separation and prior to the date of distribution, except that appreciation or diminution in value which is the result of postseparation actions or activities of a spouse shall not be treated as divisible property.
To put it a little simpler: Appreciation and dimunition since the date of separation can be considered as divisible property in ED, except if said change in value was purely the result of the postseparation actions of one spouse.