Divorce can take months or even longer to finalize in North Carolina—especially when there are disagreements over property, finances, or custody. During that waiting period, one spouse may need financial support, access to marital funds, or temporary stability for their children.
To address those needs, the court can issue interim distributions and temporary orders. These legal tools help protect both spouses and ensure fairness while the divorce is still pending.
At Martine Law, we help clients secure the relief they need during separation. Whether you need access to shared assets, help paying bills, or custody arrangements for your children, our attorneys ensure your rights and finances stay protected until the final decree.
You can learn more about these procedures by reviewing North Carolina General Statutes Chapter 50 and the North Carolina Court System’s divorce resources.
What Is an Interim Distribution?
An interim distribution allows a North Carolina court to temporarily divide or release marital assets before the divorce is finalized. This ensures that both spouses have access to resources needed for living expenses, legal fees, or maintaining property.
Under N.C. Gen. Stat. § 50-20(i1), the court can grant an interim distribution of marital or divisible property when:
- One spouse would suffer hardship without access to marital assets.
- There is a risk that property could lose value or be misused.
- It is necessary to protect financial stability for either party.
For example, a judge may order an interim distribution of funds from a joint bank account so one spouse can pay rent, medical bills, or legal expenses while the divorce continues.
These distributions are temporary and limited in scope—they do not decide final ownership. When the equitable distribution hearing takes place, the court will still consider all assets and debts before issuing a final property order.
Types of Property That Can Be Distributed
Courts can order interim distributions involving many types of assets, such as:
- Bank or investment accounts
- Proceeds from the sale of marital property
- Real estate or vehicles
- Business assets or accounts
- Retirement funds (in limited cases)
The court must ensure that the property remains available for fair division later, and both spouses must account for any distributed funds.
What Are Temporary Orders?
While interim distributions address property, temporary orders cover other immediate needs during the divorce process. These are court orders that remain in effect until a final judgment is entered or a new order replaces them.
Temporary orders may address:
- Spousal support (post-separation support): Provides temporary financial assistance to a dependent spouse while the divorce and alimony claims are pending.
- Child custody and visitation: Establishes a short-term arrangement for where children will live and how parents will share time.
- Child support: Ensures financial support for children during the separation period.
- Use of marital property: Determines who can live in the marital home or use shared vehicles.
- Payment of household expenses: Assigns responsibility for bills, mortgage payments, or insurance.
These orders help maintain structure and prevent financial or emotional instability while the case is ongoing.
How to Request an Interim Distribution or Temporary Order
To obtain an interim distribution or temporary order, your attorney must file a motion in the county where your divorce is pending. The motion should include:
- A list of the assets or support being requested.
- The reasons the distribution or order is necessary.
- Financial documentation supporting your request (bank statements, pay stubs, or expense lists).
In some cases, the court may hold a hearing to allow both spouses to present their positions. For urgent matters—such as when one spouse is draining accounts or refusing to pay critical bills—the court can issue an emergency temporary order without delay.
Examples of Interim Relief
Interim orders are designed to provide immediate, practical relief during separation. Examples include:
- Releasing joint funds for one spouse to secure new housing.
- Requiring both spouses to share the costs of children’s school or medical expenses.
- Allowing the sale of jointly owned property to cover family debts.
- Granting temporary access to a vehicle or business assets.
- Directing one spouse to pay temporary alimony or child support.
Each order is tailored to prevent hardship and preserve fairness until final decisions are made.
How These Orders Affect the Final Divorce
Interim distributions and temporary orders do not determine the final outcome of your divorce. They are designed to preserve the status quo and ensure basic needs are met.
When the case proceeds to equitable distribution or a final hearing, the court will consider all prior orders and distributions to make sure that neither party received an unfair advantage.
If either spouse violates a temporary order—such as by refusing to pay support or hiding assets—the court can enforce the order through contempt proceedings, fines, or additional penalties.
Why Legal Representation Matters
Because interim and temporary orders often involve urgent needs and complex financial details, having an experienced attorney is critical. At Martine Law, we help clients:
- File motions for interim distributions and support orders
- Present strong evidence of financial need or hardship
- Prevent unfair control or misuse of marital property
- Ensure temporary orders align with long-term legal strategy
Our lawyers combine legal expertise with empathy—understanding that these orders can make the difference between stability and uncertainty during a stressful time.
If you are separated or in the middle of a divorce and need immediate financial or custodial protection, we can help.
Contact Martine Law today for a confidential consultation. Our team will act quickly to secure temporary relief while protecting your rights for the final outcome.