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.