Equitable Distribution

Money honey

100

This is the coverture fraction.

What is the Total years of marriage up to DOS while participant was in the plan /DIVIDED BY/ total years the participant was in the plan?

200

A spouse gets a credit or distributional factor when this happens in a distribution.

What is the court distributes property to the spouse who was NOT paying debt post DOS? (However, no credit for paying mortgage pursuant to PSS order).

300

These things are separate property, but may be unequal distribution factors.

What are professional licenses and military disability pay?

400

These things should be considered by the Court for a business valuation.

What are fixed assets, other assets including accounts receivable and value of work in progress, goodwill, and liabilities?

500

These are the two types of goodwill and what they mean.

What are personal goodwill (associated with an individual and their represented reputation, knowledge, and skill) and enterprise goodwill (associated with the business entity and exists independently of an individual's efforts, focusing on the established relations with employees, customers, and suppliers)?

600

Absent objection, court can use this to establish real property value.

What is tax value?

ED 101

100

Divisible property defined.

What is appreciation and diminution in value of marital property and divisible property occurring after the date of separation and before the date of distribution that is not attributable to the postseparation actions or activities of a spouse.

• All property, property rights, or any portion thereof received after separation but before the date of distribution and attributed to the result of postseparation efforts of either spouse during the marriage and before the date of separation (commissions, bonuses, and contractual rights).
• Passive income from marital property received after DOS.
• Passive increases and decreases in marital debt and financing charges and interest related to marital debt.

200

Separate Property Defined:

• All real and personal property
• Acquired by a spouse before marriage or acquired by devise, descent, or gift during the marriage.
• Acquired in exchange for separate property, regardless of title, unless a contrary intention is expressly stated in the conveyance.

300

Mixed Property Defined:

What is property having both marital and separate property components? (defined by COA)

400

The Court must do these 3 things for all property in ED.

What is classify, value, and distribute?

500

Death of a spouse doesn't kill an ED claim, but it can be this.

What is an unequal distribution factor?

600

Court must find this value of marital property as of this date.

What is the Net value as of DOS?

ED 201

100

These are the 3 avenues to attorney fees in ED.

What are 1) return of separate property; 2) sanctioned for delaying or obstructing ED; and 3) held in civil contempt for violation of ED order?

200

The Court can order an interim distribution after application from a party UNLESS:

What is good cause is shown that there should not be an interim distribution?

300

Investment account changes must be analyzed using this multi-factor test: (6)

What are 

• Nature of the investment;
• Extent to which the investment decisions are made only by the party or parties, made by the party or parties in consultation with their investment broker, or solely made by the investment broker;
• The frequency of contact between the investment broker and the parties;
• Whether the parties routinely made investment decisions in accordance with the recommendation of the investment broker, and the frequency with which the spouses made investment decisions contrary to the advice of the investment broker;
• Whether the spouses conducted their own research and regularly monitored the investments in their accounts or whether they primarily relied on information supplied by the investment broker; AND
• Whether the decisions or other activities, if any, made solely by the parties directly contributed to the increased value of the investment account?

400

Property alleged to be mixed due to an increase in the value of separate property during the marriage uses this. 

What is the active/passive analysis?

500

Property alleged to be mixed due to it being acquired by both marital and separate property uses this.

What is the source of funds analysis? 

• If both the marital estate and a separate estate contributed to the acquisition of a particular property, each estate is entitled to its proportionate return in the total investment in the property.
• Net Value on DOS x Total Marital Contribution/Total Contribution = Value of Marital Interest.
• Net Value on DOS – Value of Marital Interest = Value of Separate Interest.

600

Court must find this value of divisible property as of this date. 

What is the net value as of the DOD?

Burdens

100

This is the standard of proof to show property is marital. 

What is a preponderance of the evidence?

200

Gifts to a spouse from their parent are considered separate. However, this can be rebutted with these three avenues.

What are show it was not a gift; it was a gift to both spouses; or it was a gift to the other spouse?

300

This type of increase in value of separate property during the marriage is considered separate. Must show it!

What is passive increase in value?

400

All post DOS changes in the value of marital and divisible property are considered divisible property UNLESS:

What is the Court finds the change was attributable to post-DOS actions of one spouse?

500

A spouse claiming a debt is marital must prove by a preponderance that:

What is 

• Debt was owned by at least one spouse
• Was incurred during the marriage and before DOS by at least one spouse
• Was incurred for the “joint benefit” of the spouses AND
• In both names is NOT enough to meet joint benefit requirement.
• the amount owed on DOS?

600

Property acquired after DOS from exchange of marital property is this. 

What is marital to the extent of the contribution?

Presumptions

100

Property is presumed to be marital if it is:

What is acquired during the marriage and before DOS?

200

Equitable is presumed to be this in NC. 

What is equal?

300

Gifts to a spouse from a 3rd party are considered this. 

What is separate property?

400

Gifts of personal property between spouses are considered this... there's also an exception!

What are marital unless stated in writing for it to be separate? (Separate $ into joint account isn't enough to be gift)

500

Gifts of real property between spouses are considered marital unless:

What is an intent for it to be separate is expressly stated in writing, signed and acknowledged by the spouses, and must be more than the deed?

600

State the presumptions for different types of personal injury proceeds.

What are: 

1)Medical expenses, lost wages, loss of earning capacity during marriage and before DOS are marital

2) Pain and suffering are separate

3) After DOS event is separate

4) Loss of services or consortium for non-injured spouse is separate

It's time to distribute

100

Court must do these things before determining whether a distributive award is required.

What is classify, value, and distribute all marital and divisible property?

200

A court cannot order this to pay a distributive award.

What is the sale of separate property? (But a court can site the property as the ability to pay)

300

There is a rebuttable presumption that this kind of distribution is equitable.

What is an in-kind distribution of marital or divisible property?

400

A court must find a spouse has this before ordering a distributive award.

What is the ability to pay?

500

A distributive award cannot be made payable for more than this long after the entry of an absolute divorce.

What is 6 years? (Court can overcome this if the payor spouse has a legal or business impediment or that there is overriding social policy which prevents the distribution within 6 years).

600

There is no this in ED as long as the parties are still married. 

What is a SOL?