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What factors can the court consider for an unequal division?

The court may consider the following statutory factors:

  1. the income, property, and liabilities of each party at the time the division of property is to become effective;
  2. any obligation for support arising out of a prior marriage;
  3. the duration of the marriage and the age and physical and mental health of both parties;
  4. the need of a parent with custody of a child or children of the marriage to occupy or own the marital residence and to use or own its household effects;
  5. the expectation of pension, retirement, or other deferred compensation rights that are not marital property;
  6. any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services, or lack thereof, as a spouse, parent, wage earner or homemaker;
  7. any direct or indirect contribution made by one spouse to help educate or develop the career potential of the other spouse;
  8. any direct contribution to an increase in value of separate property which occurs during the course of the marriage;
  9. the liquid or non-liquid character of all marital property and divisible property;
  10. the difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest, intact and free from any claim or interference by the other party;
  11. the tax consequences to each party;
  12. acts of either party to maintain, preserve, develop, or expand; or to waste, neglect, devalue or convert the marital property or divisible property, or both, during the period after separation of the parties and before the time of distribution; and (12) any other factor which the court finds to be just and proper.

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.


John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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