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Tax Implications of Receiving (and Paying) Postseparation Support and Alimony
In North Carolina, there are no mathematical formulas for determining awards of postseparation support and alimony. The trial courts have broad discretion in determining the amount and duration of postseparation...
Does It Matter in a Divorce If One Spouse Was the “Breadwinner” During Marriage?
A common refrain that attorneys hear during the divorce process is: “I earned all the money during the marriage, so why should I have to give my ex half of...
Missing Assets in Divorce
An issue that arises with some frequency in divorce cases involves allegations that a spouse has hidden or disposed of marital assets. Often, these are assets, such as jewelry, cash,...
Is It Considered Abandonment If I Leave My Spouse?
Depending on your reason for leaving your spouse, your spouse may have grounds to allege abandonment, which is sometimes referred to as desertion. In North Carolina, abandonment is considered an...
What Happens When a Marital Asset Is Titled in the Name of a Business or Third Party?
In North Carolina, property that is owned at the date of separation by either spouse, individually or jointly, is presumed to be marital property. But, what happens when a business...
Gifts during Marriage – When a Gift Is Not a Gift
Separate property is considered property (either an asset or debt) that belongs to one spouse individually. Separate property is not subject to equitable distribution and its value is not included...
Five Tips to Help You Survive Divorce
Marital relationships may take years to completely unravel. Spouses often make the final break after many unsuccessful attempts to salvage their marriage. Yet most people are surprisingly unprepared when the...
What Are Factors That a Judge May Consider in Determining Child Custody?
In North Carolina, the legal standard that judges are required to apply in child custody cases is “the best interests of the child.” Thus, when parents cannot reach an agreement...
How to Protect your Inheritance from your Spouse During a Divorce
If you have received an inheritance, or a gift, or anticipate receiving either in the future, you may be wondering how you can protect it from your spouse in the...
What Can I Do If My Spouse Will Not Sign Our Separation Agreement?
Separation agreement is a general term used to describe a written contract that spouses enter into to address some or all issues arising from their marital separation. A separation agreement...
