Legal Question in Business Law in North Carolina

It depends on the business, but it might be considered marital property subject to equitable division depending on when the business was started and what its worth. The business, once its valued and classified, could be assigned to you as part of your marital share.

This is something sophisticated - get a family law attorney to work out a marital separation/settlement agreement with you which can address this and the division of other marital assets/debts.