Can the judge in North Carolina order a property division at the time of divorce?
A. After the divorce has been granted, the judge can divide the marital property of the couple if the divorce decree reserves the authority of the court to decide equitable distribution. The court would not have the power to divide the marital property if neither party asked the court to do so before the divorce judgment was entered or if the parties had already executed a separation agreement that fairly divided their property. You can’t get a court-ordered property division if you don’t file a claim for equitable distribution before your divorce is granted. Q. What about alimony? Is that covered in my divorce? A. The same rules apply as in equitable distribution (see above). The claim must be filed with the court — in a complaint or counterclaim — in order to preserve it for a hearing after the divorce decree is signed by a judge. If you haven’t asked for alimony in a court paper before you get your divorce and reserved that issue for later ruling of the court in the divorce decree
