Dear Dorothy:

Greetings. Equitable distribution can be settled in a separation agreement prior to divorce, in an order prior to divorce, or in a court order after the divorce AS LONG AS the claim for equitable distribution was filed prior to the divorce and was reserved for later adjudication in the divorce judgment.

A party must ask the court for an equitable distribution prior to the divorce judgment or the claim for equitable distribution is waived. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I would like to know, is equitable distribution ALWAYS settled before the divorce, in North Carolina? Should there be something about this listed in the final divorce degree? Also, can a person chose not to collect equitable distribution (or) does the courts just award this? Another concern is, could equitable distribution be tried at a later date?

I do appreciated your answers. Thanks!