• any property acquired before the marriage;

• any gifts and inheritances acquired during the marriage;

• any property acquired in exchange for separate property; 

• any increase in the value of separate property; and 

• the expectation of a non vested pension, retirement or other deferred compensation rights. 

In a North Carolina divorce, marital property will be divided equally unless the court finds that an equal division is not fair. In dividing martial property, the Court will consider: 

• any direct or indirect contributions to the career or education of the other spouse;

• any depletion or waste of property;

• the net value of the property; 

• the liquid or non-liquid character of the property; 

• the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; 

• the economic circumstances of each spouse at the time the division of property is to become effective; 

• any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes; 

• the length of the marriage;

• the age and health of the spouses;

• the federal income tax consequences of the court's division of the property;

• liabilities of the spouses;

• any retirement benefits, including social security, civil service, military and railroad retirement benefits;

• any prior alimony or child support obligations of each spouse;

• the desirability of the spouse with custody of any children occupying the marital residence;

• any other factor necessary to do equity and justice between the spouses; and 

• interest in keeping an asset or interest in a business, corporation, or profession intact and free from claim or interference by the other party.

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