GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 272

Short Title:  Allow Interim Dist. Awards/ED.	(Public)

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Sponsors: Representatives Hackney, Alexander, Braswell, Decker, Easterling, McAllister; Cummings, Gardner, Luebke, Russell, and Wood.

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Referred to:  Judiciary II.

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February 23, 1995

A BILL TO BE ENTITLED
AN ACT TO ALLOW INTERIM DISTRIBUTIVE AWARDS IN EQUITABLE DISTRIBUTION CASES, AS RECOMMENDED BY THE LRC STUDY COMMITTEE ON FAMILY ISSUES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 50-20(i1) reads as rewritten:
"(i1)	After an action for equitable distribution has been filed the court may, for just cause, order the spouse in control of marital assets to make a cash payment to the other spouse or to transfer the use and possession of some or all of the marital assets to the other spouse, provided that any and all payments so made or assets so transferred are subject to a full accounting when the property is ultimately allocated in an equitable distribution judgment.  When the court orders a payment to be made or an asset to be transferred under this subsection, the court shall make a preliminary finding that assets of similar value are likely to be distributed at trial to the spouse receiving the asset or cash payment.  Any transfer made under this subsection shall be made without prejudice to the rights of either spouse to claim a contrary classification, value, or distribution in the final equitable distribution trial."
Sec. 2.  This act becomes effective October 1, 1995, and applies to all equitable distribution actions filed on or after that date.  This act shall not apply to equitable distribution claims pending on the date of ratification.