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Last Modified on Sep 13, 2025
While every client and every case is essentially unique, there are common issues that repeatedly come up concerning assets and divorce. You may want to know how to protect your assets during a divorce in North Carolina. Fortunately, there are some options available that can do just that. Before deciding what option suits your needs, it’s important to have a basic understanding of North Carolina divorce laws, as well as NC asset division laws.
North Carolina Divorce Laws Concerning Property
When married couples get divorced, NC law defines property division as equitable distribution of marital property. While this doesn’t necessarily equate to a 50/50 split, it does indicate an equally fair division. Marital property is then defined as assets, as well as debts, that the couple acquired during the time they were married but before they became separated, if they separated.
Separate property is another term used in NC statutes. It covers assets that one spouse had prior to the marriage, inheritance, and gifts. When disagreements arise regarding what constitutes an equal split, the courts get involved and decide who gets what on behalf of the couple.
Nevertheless, even separate property, like a home, for instance, may have been owned by one party prior to marriage. However, if marital assets were used to renovate it, or the property significantly increased in value, that difference in value could be proportionately deemed marital property in divorce.
How to Protect Your Assets During Divorce in North Carolina?
There are several effective steps you can take to protect your assets during divorce in North Carolina. While acting early is key, certain strategic actions can help preserve your financial interests even after separation begins. Below are some of the most practical ways to safeguard your property and finances:
- Identify separate property. Clearly identify and document any separate property of both spouses.
- Track appreciation. Keep documented records of any appreciation in value throughout the marriage, especially if your spouse’s efforts contributed to the increase.
- Avoid hiding assets. It is not recommended that you attempt to dissipate assets. Moving large amounts of money to other accounts is viewed as hiding assets and can reflect poorly is the court becomes involved.
- Keep accounts separate. One way to prevent mixing separate and marital assets is to intentionally keep them separate. For instance, maintain distinct finances and avoid shared bank accounts.
- Retain ownership titles. Keep separate property assets in the name of the spouse who originally owned them. Avoid adding joint ownership when possible.
- Obtain professional appraisals. Have assets professionally appraised to prevent undervaluation or manipulation tactics often used by spouses.
- Use a forensic accountant. Hire a forensic accountant to trace assets and define what assets are present.
- Hire a divorce lawyer. Especially if your spouse has hired an attorney, you need to get your own legal representation.
Many divorcees believe that because their spouse has a divorce lawyer, they don’t need to hire an attorney. However, the same attorney cannot represent opposing sides. If one side continues without legal support, they will invariably remain at a disadvantage, which could significantly affect the outcome of the divorce.
Why Choose Us?
The Jonas Law Firm, P.L.L.C., is an established force in North Carolina divorce courts. We have some of the top asset attorneys in the state. Our law firm has had countless successful resolutions for NC divorce cases. If you need a qualified divorce attorney who has a strong grasp on North Carolina divorce laws, choose the Jonas Law Firm, P.L.L.C..
To anyone who is facing divorce in North Carolina, you’re not alone. In fact, the divorce rate for the state is slightly higher than the national average at 2.7 per 1,000 residents. If you have been putting off hiring a divorce lawyer, the sooner you move forward with your divorce, the sooner you can move on with your life.
FAQs
What Assets Are Untouchable in a Divorce?
In North Carolina and in most states, untouchable assets in a divorce include those assets that are separate property. This includes anything that either spouse owned before the marriage, gifts that were given to one spouse specifically, or inheritances bequeathed to one spouse. It can also include assets acquired after a marital separation took place or assets protected by nuptial agreements.
Why Is Moving Out the Biggest Mistake in a Divorce?
Moving out can be one of the biggest mistakes in a divorce because it can portray your actions in a negative light to the court. It may appear that you abandoned your spouse and your obligations. This could impact any claims you have on assets, spousal support, and even child custody. When couples pursue a legal separation, both parties agree to separate.
What Not to Do During Separation in NC?
During a separation in NC, do not attempt to hide assets by transferring property or withdrawing large sums of marital funds. Such actions are likely to be viewed negatively by the court. Also, don’t assume you can navigate the process without legal help—hire a divorce attorney early and follow their guidance.
What Is a Wife Entitled to in Divorce in NC?
NC’s equitable distribution of marital property law entitles a wife to a fair share of any marital assets in a divorce. Various factors can influence what constitutes an equitable distribution. When spouses can’t reach an agreement, it is up to the discretion of the court to determine the division of assets. An experienced divorce lawyer can advise you on the most ideal route for the division of property.
Hire a Divorce Lawyer With a Strong Reputation in NC
The Jonas Law Firm, P.L.L.C., has served North Carolina families since 1912, earning a trusted reputation for dependable legal guidance. Our team is committed to protecting your interests and helping you move forward with confidence. Contact our office to schedule a consultation with a knowledgeable divorce attorney and learn how we can help protect what matters most.
