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Charlotte Equitable Distribution Lawyers
Assuming your marital property will simply be split down the middle can lead to an outcome that doesn't reflect your real financial contributions or your real needs going forward. Since 2011, our equitable distribution lawyers in Charlotte have worked with spouses going through a divorce, helping them secure fair settlements that properly reflect their financial realities.
Marcellino Moore, PLLC is located in the historic Elizabeth neighborhood, just minutes from Plaza Midwood and less than 10 minutes from the Mecklenburg County Courthouse. Reach out today to find out what an equitable outcome could look like in your case.
Call (980) 427-3401 today. We offer virtual consultations.
Settlements & Judgments
Our Case Results
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Child Custody & Divorce
Father Awarded Physical and Legal Custody. Attorney Matt Marcellino represented a father in a contentious custody and divorce action involving serious concerns about the mother’s judgment, behavior, and decision-making involving the children.
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Child Custody
Mother Secures Primary Custody After Highly Contested Litigation. Attorney Matt Marcellino represented a mother in one of the most highly contested and complex custody cases of his career.
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Custody Relocation
Mother Granted Relocation to California with Child. Attorney Matt Marcellino represented a mother seeking permission to relocate with her child from North Carolina to California despite the father’s opposition.
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Child Custody
Father Awarded 50/50 Custody and Permanent Final Decision-Making Authority. Attorney Matt Marcellino represented a father whose parenting time, communication with his children, and involvement in important decisions were increasingly restricted by the mother.
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Spousal Support
In a case involving marital misconduct and complex financial claims, Jennifer Moore represented a Husband whose marriage ended following his Wife’s extramarital affair.
Meet Our Team
Protecting What Matters Most
Equal Isn't Automatically Equitable
North Carolina law starts with a presumption that marital property should be divided equally. But "equitable" and "equal" aren't the same word, and the legal distinction is important. The court can order an unequal division when the statutory factors point that way, and knowing how to build that argument is where legal strategy matters most.
Income, Earning Capacity, and Separate Property
A significant gap in income or earning potential between spouses, or property one spouse owned before the marriage or received as a gift or inheritance, can shift what's fair. Distinguishing separate property from marital property, especially when finances were commingled over years in a shared home, often takes careful evaluation.
For example, in Charlotte's dynamic real estate market, tracing separate property versus marital appreciation often comes down to local home value shifts across key neighborhoods.
Whether determining the marital equity built in a Myers Park historic home, a renovated Craftsman in Plaza Midwood, or a newly constructed townhome in the South End, a spouse who owned the residence prior to marriage may be entitled to protect their initial separate equity.
However, when marital income was used to pay down mortgages or fund major capital improvements during periods of rapid local market growth, distinguishing separate contributions from marital appreciation may take more detailed analysis. That’s what we’re here for.
Debts, Support Obligations, and Tax Consequences
An equitable argument also accounts for what each spouse owes, any child support or alimony obligations in place, and the tax impact of dividing specific assets, such as retirement accounts or investment property.
Contributions and Economic Circumstances
Courts also weigh each spouse's contributions to the marriage and broader economic circumstances, including a spouse's role in supporting the other's career or education.
Arguing that one spouse simply "deserves more" may be true, but it won't move a court. An unequal distribution claim succeeds on evidence like financial records, valuations, and a legal argument tying the facts of your marriage to the specific factors North Carolina courts are required to consider.
