How to answer #7 on the Absolute Divorce Complaint Form from the NC Family Law website regarding Equitable Distribution.?

It truly depends on how you want to proceed. Some people choose to incorporate Separation Agreements because it is enforced by the contempt powers of the court. For an example, if your husband fails to comply with the terms, you can file a Show Cause. If the Separation Agreement is not incorporated, and your husband fails to comply with the terms, you can initiate a Breach of Contract action against him. It is recommended that you consult with an attorney to determine which option would better suit your needs.

It sounds like you just need to decide if you want to incorporate your Separation Agreement or not. The first step in making that decision is to check your Separation Agreement. Some very poorly drafted Agreements contain a clause stating the Agreement will or will not be incorporated. If you are doing your own divorce (big mistake), it stands to reason you did your own Separation Agreement based on some template or form from god knows where - meaning there is a good chance your Agreement contains that ridiculous clause. If your Separation Agreement has such a clause and it says 'will be incorporated' or words to that effect - then the decision is made for you and that's the end of it - except that you will want to have an attorney review any DIY document to insure it is drafted properly. However, if your Agreement does not have such a clause, then you will need to decide based on the following considerations. If you incorporate your Separation Agreement, you need to be aware that it will be a public record that anyone can pull and look at. So if you have naughty bits in your Separation Agreement such as your Husband diddled the baby sitter - that could become public. Also, if you incorporate your agreement, it will no longer be a mere contract (assuming of course that it is drafted properly) but will instead become part of and merged into a court order. This makes enforcing the Agreement much easier under the contempt power of the court and makes the consequences potentially harsher and also means you can no longer enforce the Agreement as a breach of contract. While this may sound good to you - remember it cuts both ways. If you choose not to incorporate, your Separation Agreement will remain a private contract (unless you included it as part of your complaint when you filed for divorce because you don't know what you are doing) and will be enforceable only by filing an action for breach of contract (a slow, cumbersome process with not a lot of teeth to it and is quite a bit like watching old people beat each other with foam rubber bats). Generally speaking, the person on the receiving end of obligations like child support, spousal support, alimony will want the Agreement incorporated while the person obligated to pay those things will not want it incorporated. Which basically translates into a general rule of the Wife will want incorporation and the husband will not.