Assets and equity split questions

Docktor_V · 2025-05-25T04:02:00+00:00

Going through something like this is NC too. Good advice in the comments.

First-Sail8421 · 2025-05-24T18:55:36+00:00

they will default to 50/50 of everything you both earned (collectively) during the marriage. If like Ga, very hard to deviate from that even though supposed to be ‘equitable’ and not ‘equal.’

Snowbirdy · 2025-05-24T06:37:42+00:00

First, get a lawyer. You need advice for your specific state from a family law attorney versed in your jurisdiction.

Second, create a little table listing what assets you had on the day you got married including

home equity
retirement funds
other investment funds
any other assets
any debt

In a second column, list out where things were on the day you filed for divorce, for those same categories. The third column should be the change between the two. 50% of the third column is probably your maximum liability, but you may do better.

Short term and no kids definitely helps you.

She doesn’t get 50% of everything. She can try to assert a claim on 50% of the change since marriage. This will then get adjusted by however the court determines “equitable”.

You really need a lawyer. I wouldn’t DYI it.

I note from the NC court website:

“North Carolina law presumes that an equal (50/50) division of marital property is “equitable,” or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.”

So your baseline is 50/50 of gains during the marriage. And yes, she gets to claim 50% of retirement contributions and home equity etc made while you were married even if you were the only one contributing.

soLostsoLost_ · 2025-05-24T00:37:28+00:00

Any money you put into the home after the marriage was “you both put it into the home”.

Once you said I do, everything from that point on is joint/together. If you owned the home prior to the marriage, you have some advantage, if you bought it after I’d, it doesn’t matter where the downpayment came from.

Side note: short marriage… and a smaller income disparity… it’ll suck but won’t be devastating.

You only have to split the retirement funds that you contributed and/or gained from the point of getting married. Stuff in there previously, is technically not hers.

Title	Assets and equity split questions
Author	Traditional_One_9236
Upvotes	3
Comments	7
Date	May 24, 2025 12:04 AM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1ktyepl/assets_and_equity_split_questions/
Archive Link	https://theredarchive.com/r/Divorce_Men/assets-and-equity-split-questions.1552955 https://theredarchive.com/post/1552955

Comments