Dividing marital assets can get complicated. People sometimes argue over who should get which assets, even when an outsider would clearly note that they both have a right to those assets. In some cases, the issue is the way that people think of these assets versus the way that the assets were actually acquired.
Same-sex couples in 2020 have a potentially unique situation. While same-sex marriage was legal in some parts of the country, the blanket changes to the law that made it legal everywhere did not happen until 2015. They can now get married just like opposite-sex couples, but what might getting that right to wed so late mean for a potential divorce, should one happen?
If you want to ask for a prenup so that you know how your assets are going to get divided, you may feel nervous. People often think of prenuptial agreements as something selfish or at least self-serving, which isn't exactly the mood you want to set before your marriage.
Divorce can mean a fresh start in a lot of important ways. It allows people to forge their own paths after a period of time with a partner, and it offers a chance to heal from emotional trauma. In many divorce cases, one spouse may feel the desire to give up some of their possessions just to skip any nasty negotiations or fights.
When you love someone for a long time, there are no possessions in the world you would trade for her or his happiness. But that can feel like a hollow sentiment if the time comes to get a divorce. A separation after people have combined their assets can be complicated in legal reality as well as in the world of emotion.
When a marriage is just getting started in a haze of love and affection, it's hard to picture any trouble. But feelings can change over time. Even people who still have warm feelings for each other can decide to call it quits. What can make the separation harder? It often comes down to the division of property.
Earlier in history, many people may have stuck it out in a bad marriage because they did not want to lose prized possessions in a divorce. This was especially true if the stakes included a family estate or a great amount of treasure that one hoped to pass to one's children. Although some people still think this way, the laws of North Carolina and many other states are far more modern now.
Some spouses end up feeling a little awkward putting all of their possessions in a shared home with a husband or wife. Little disagreements can arise over the smallest things. But that is often nothing to what can happen when people disagree how to divide all of their things in the case of divorce.
In an equitable distribution state like North Carolina, a court will consider several factors to determine whether one person's student loan debt should be considered marital property for purposes of divorce property division. If the debt dates from before the marriage, it will probably be considered separate and will not be subject to division.
North Carolina couples who plan to get married should consider the importance of completing a prenuptial agreement. The main purpose of the legal document is to verify how assets will be allocated if a marriage ends in divorce. In situations in which a married couple divorces and there is no prenup agreement, the manner in which the assets are divided will be determined by state laws.