Tiger's Tale, Part 4: Equitable Distribution

Feb 10, 2010 | Filed under: Family Law, Separation and Divorce

Assuming Tiger and Elin do not have a premarital agreement, property division, or equitable distribution under North Carolina law, of their marital property would likely raise many complicating factors, especially if the case went to trial. I can only imagine the amount of wealth and property accumulated by Tiger and Elin during their marriage.

The parties’ family law attorneys would have a lot to consider. Valuation of assets would be necessary. Passive appreciation and passive depreciation on marital property and marital debts would need to be determined. Business and real estate valuators and appraisers would eat well during this case. Proving the existence of assets and debts at the time of the marriage would be necessary, as assets and debts acquired prior to the date of marriage would likely be classified as the owning party’s separate property.

North Carolina family law provides that certain presumptions and factors be followed (and possibly rebutted) and considered before a court distributes the parties’ marital assets and debts.[1] The number of equitable distribution presumption and factors to discuss and analyze are too voluminous for a short blog on what would happen to Woods’ marital estate, especially given the size of the estate.

I believe we can count on a couple of things should the Woods marriage end. The document production in the Woods’ matter would be massive and extensive. An out of court settlement would be likely, as each party would receive enough property to not make it worth fighting over in a public court.

by Steve Mansbery

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[1] It is unclear as of the date of this blog whether Tiger and Elin are in fact separated. Tiger was seen leaving the rehabilitation center in Mississippi with Elin.

[2] N.C. Gen. Stat. 50-20.