HB 866 North Carolina House · 2025-2026 Session

Automatic Order/Equitable Distribution Claim.

HB 866 requires courts to issue an "automatic order" when a claim for equitable distribution is filed by divorcing spouses. This order immediately prohibits both parties from selling, transferring, or hiding assets, incurring new unreasonable debts, or changing beneficiaries on insurance policies without mutual consent or a court order. It aims to preserve marital and children's assets and existing insurance coverage until a final division of property is determined. The Administrative Office of the Courts will develop a standard form for this automatic order.
Bill status passed 3 of 5 stages cleared
Introduction
Apr 2025
Committee Review
May 2025
House Passage
May 2025
Senate Passage
Governor
Introduced Apr 9, 2025 Last action May 5, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Edition 1 Edition 2 · 3 edits
MINOR
This bill revision adds a new provision requiring that child support expenses historically paid from marital assets be protected from the other spouse's consent requirements. The amendment also strengthens the automatic order language to explicitly allow for lis pendens filings and Rule 65 injunctions, while updating the Administrative Office of the Courts to finalize and publish the form order on its website.
Scope change
The bill's scope was expanded to include protection of child support expenses paid from marital assets, and the enforcement mechanisms were broadened to include additional legal remedies.
REQUIREMENT

Added new provision protecting child support expenses historically paid from marital assets without requiring written consent from the other party.

ENFORCEMENT

Modified the automatic order language to explicitly allow parties to file lis pendens or obtain injunctions under Rule 65 of the North Carolina Rules of Civil Procedure.

TECHNICAL

Updated the Administrative Office of the Courts directive to require the form order be finalized and available on its website.

Floor votes · House May 1, 2025

How they voted

1040
Passed · 17 other
Total votes 121
May 1, 2025
D Democratic46
39 Yea 7
84% Yea
I Independent2
2 Yea
100% Yea
R Republican73
63 Yea 10
86% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
14
Key actions
3
Committee
5
May 5, 2025
Committee
Ref To Com On Rules and Operations of the Senate
upper
May 1, 2025
Lower · Passed
Passed 3rd Reading
lower
Apr 29, 2025
Lower · Passed
Reptd Fav
lower
Apr 29, 2025
Committee
Re-ref Com On Rules, Calendar, and Operations of the House
lower
Apr 29, 2025
Lower · Passed
Reptd Fav Com Substitute
lower
Apr 10, 2025
Committee
Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
lower
Apr 9, 2025
Introduced
Filed
lower
1 primary · 4 co-sponsors

Sponsors