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Domestic Relations – Equitable Distribution – Divisible Property – Statutory Amendment – Interest Payments

Holding: Plaintiff’s post-separation interest-only payments on the parties’ mortgage were payments on “financing charges and interest related to marital debt”; as such, a strict reading of G.S. § 50-20(b)(4)(d)’s plain language reveals them to be divisible payments.

We affirm the equitable distribution order that classified plaintiff’s post-separation mortgage payments as divisible property.

Although § 50-20(b)(4)(d) was amended in 2013, it clearly says, “Passive increases and passive decreases in marital debt and financing charges and interest related to marital debt” constitute divisible property. Thus, financing charges and interest related to marital debt constitute divisible property, irrespective of their “passive” or “active” nature.

Henderson v. Henderson (Lawyers Weekly No. 012-017-18, 9 pp.) (Ann Marie Calabria, J.) Appealed from Mecklenburg County District Court (Jena Culler, J.) Adam Hocutt and Rebecca Wofford for plaintiff; Rebecca Watts for defendant. N.C. App. Unpub.

 

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