North Carolina’s equitable distribution statute permits marital property to be divided during marriage.  Most frequently, a post-nuptial agreement occurs when the parties have separated, but now wish to consider reconciliation; the parties, however, wish to provide for the division of property in the event of a subsequent separation. 

    Another time a post-nuptial agreement can be utilized is upon the acquisition of a closely-held business.  Spousal waivers to property interest in a marital business, active and passive appreciation and consideration of the business as an unequal factor in equitable distribution may be covered in a properly prepared post-nuptial agreement.