Does a separation agreement replace equitable distribution?
A separation agreement does not replace equitable distribution per se; equitable distribution is the process of “fairly” dividing marital property and expenses, while a separation agreement specifies the couple is dissolving the union. However, equitable distribution can be agreed upon in the separation agreement or waived altogether. Consult an attorney for more information.Source:NC Lamp: Practical Aspects of Equitable Distribution: Procedural ConsiderationsNorth Carolina Family Law: Equitable Distribution: How it WorksNorth Carolina Courts: Hamby v.
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