Martial property division

Does the judge always split the martial property 50/50 are there times he doesn’t and what are some reasons we will not split 50/50 does age play a part in it I’m 61 and 100 percent disabled my wife is much younger than me and I care for our kids 6 days out of the week she is only off one day a week

A judge will always divide the marital property equally unless equal would not be equitable and one of the parties can prove a distributional factor to enable an unequal distribution.

The distributional factors are listed in the statutes.

For a complete list of the distributional factors that can sway away from a 50/50 division of the marital estate, check out our article Is the division of property always fifty-fifty? What factors are considered in an unequal distribution of property?

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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