What factors can a Judge consider if asked to make an unequal division of the net values of a couples marital property and divisible property?
The Equitable Distribution Statute (N.C. Gen. Stat. ยง 50-20 (c) lists 13 specific “distributional factors” and “catchall” factor (“any other factor which the court finds to be just and proper”) that a trial judge may consider when he/she is asked by one or both parties to make an unequal division of martial property and divisible property. It is the responsibility of the party or his/her attorney, to present evidence to the court which supports each distributional factor the party believes is pertinent to his/her situation. Once the evidence is all in, then the weight to be afforded the evidence is left to the sound discretion of the trial judge as is the decision of what specific division of marital property and divisible property is equitable.
