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Same Sex Divorce and Family Law in North Carolina: What Couples Need to Know

  1. Same-Sex Divorce Can Be Complicated
  2. Does Long-Term Cohabitation Matter When Same-Sex Couples Divorce?
  3. Domestic Partnerships and Civil Unions
  4. Spousal Support in Same-Sex Divorces
  5. Child Custody Battles in a Same-Sex Divorce
  6. Other Considerations for Same-Sex Couples
  7. Myers Law Firm Is Here to Help with Your Family Law Issues

 

Same-Sex Divorce Can Be Complicated

Same-sex marriages have been legal in North Carolina since October 2014, and legal in every state since the US Supreme Court ruling 2015. Unfortunately, having your same-sex marriage recognized as legal doesn’t always translate to receiving equal or fair treatment, and some same-sex couples are running into unique problems while seeking a divorce. One point of contention: how to determine when the marriage began, and how that affects property division.

Same-sex marriages and domestic partnerships first started becoming legal at the turn of the 21st century, but at that time it was on a state-by-state basis. Many same-sex couples lived in domestic partnerships, cohabitation arrangements, or marriages that took place in other states before their state began recognizing and performing same-sex marriages.

While North Carolina law applies the same set of rules for marriage, separation, and divorce for any couple regardless of sex or gender, people in same-sex marriages may be more likely to encounter certain complications. If you are considering a same-sex divorce, there are some things you should know.

Does Long-Term Cohabitation Matter When Same-Sex Couples Divorce?

Following the legalization of same-sex marriage in North Carolina, some of the most memorable and heartwarming stories that circulated in the media came from gay couples who had been in long-term domestic partnerships for decades. These relationships were only lacking the legal sanction of a marriage certificate.

But what happens when such couples later decide to get divorced? The reality is that gay couples face the same challenges as opposite-sex couples when it comes to navigating difficulties in their finances, family structure, and personal lives. Do same-sex spouses, if they decide they need to separate, receive consideration under the law for the years of domestic partnership during which they had no legal option to marry?

The short answer is that, in North Carolina, a family court will consider a same-sex couple’s marriage to begin on the date they were legally married— regardless of any period of cohabitation leading up to that point. This means that for a same-sex divorce, couples should prepare for the court to consider the actual date they were married as the date they began to accumulate marital property.

It’s worth noting that the same rules apply to opposite-sex couples who lived together for a long time before getting married.

RELATED: How Does Separate Property Become Marital Property?

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Domestic Partnerships and Civil Unions

A same-sex couple preparing a meal and smiling at each other

Many same-sex couples entered into a domestic partnership or civil union because they were unable to marry, and these legal partnerships provided some of the state benefits of being married. When gay marriage became legal, some states automatically converted civil unions into marriages, but others didn’t. The result is that if you got married while you were still domestic partners with another party, you may be in two legally binding relationships and will need to dissolve both.

Same-sex couples in North Carolina may wonder whether they could have a common law marriage if they lived together and acted as a married couple for a long enough period of time. The simple answer is “no;” North Carolina isn’t a common law marriage state, although it will recognize common law marriages that were established in other states.

Spousal Support in Same-Sex Divorces

In a North Carolina divorce, spousal support (which is called postseparation support when it’s temporary and alimony when it’s long-term) is financial support paid by a supporting spouse to a dependent spouse after separation. One of the factors a judge will look at when ruling on alimony is the length of the marriage.

For heterosexual couples, determining when a marriage began is easy. In North Carolina, however, same-sex marriage wasn’t legal until 2014, which complicates things for couples who got married out of state before 2014 but are now trying to get a same-sex divorce. The court should recognize the date of the marriage as the beginning of the marriage, even if it took place out of state, when it comes to spousal support.

However, if you had a domestic partnership or civil union, that may not qualify for the same status as a marriage. In that instance, if you get divorced, you may not receive spousal support for the time before you were officially married.

Child Custody Battles in a Same-Sex Divorce

A same-sex couple enjoying family time with two children in their living room

One big difference from opposite-sex marriages is child custody. A same-sex couple may have to deal with different legal needs during a child custody dispute. There are some cases where one spouse may be the biological parent, and the other spouse may have adopted the child to become the legal parent. In other cases both parents become legal parents through adoption.

The bigger problems arise in the divorce process when the non-biological parent is not a legal parent.

RELATED: What Are the Grounds for Full Custody of a Child in North Carolina?

What Happens When Both Parties Are Legal Parents?

The nationwide recognition of same-sex marriage now means that for married couples, courts should handle child custody disputes and child support arrangements for legal parents in the same way as opposite-sex parents.

Same-sex parents can gain full parental rights by legally adopting a child. In North Carolina, this can only happen when the parties have married and the non-biological parent(s) adopts the child.

For same-sex couples who have married and the non-biological parent has adopted the child separate, both parents have equal rights to pursue custody.

Of course, just like between opposite-sex couples, your custody case will not be simple. Judges consider many different factors as they decide what child custody arrangement would serve the child’s best interests, and the resulting legal cases can be very complex and time-consuming. Likewise, child support considerations can also be complicated, just as with heterosexual couples who split up.

RELATED: What You Need to Know About North Carolina Child Support

What if Only One Party Is a Legal Parent?

If only one of you is the child’s legal parent, things suddenly become a lot more complicated and uncertain. In general, if you’re not a legal parent to a child, you won’t have any legal rights as a parent, including the right to seek physical or legal custody of the child. You also may not be able to seek visitation rights, and you usually won’t have any financial obligation to support the child, either.

Parents have a constitutionally-protected right to the control of their children, which prevents third parties from being able to seek custody from a parent or parents. However, this constitutionally-protected right can be overcome if a third party shows that the parent (1) is unfit, (2) has neglected the child, or (3) has acted inconsistently with their constitutionally-protected status.

For custody cases involving same-sex divorce, the “acted inconsistent with their constitutionally protected status” is the factor that is used the most. One way that a parent acts inconsistent with their protected status is by voluntarily creating a relationship with a third party that is “in the nature of” a parent-child relationship (in other words, by allowing everyone involved to act as though the third party is the child’s actual parent).

In at least one legal case since the Supreme Court marriage equality ruling, the parties had lived together for 20 months after the birth of the child. The court held that living together for that long as a family would be sufficient to show the legal parent acted inconsistent with their protected status.

Other Considerations for Same-Sex Couples

LGBTQ+ couples may want to know how federal law and state statutes in North Carolina will affect them in a divorce or other family law matter. Here are some of the most important things to note:

  • Any same-sex couple in North Carolina should understand that when it comes to marital property, our state is an equitable distribution state (as opposed to a community property state). This means that the court will divide the couple’s assets “equitably” (which is not necessarily the same thing as “equally”) based on a number of different legal considerations. In general, equitable distribution states allow the judge in a family law case wide latitude to decide who gets what.
  • Same-sex couples who marry and then break up need to divorce if they want to finalize the end of their marriage. This may seem obvious, but prior to 2015, some gay couples could have faced a situation where they married in a state that allowed same-sex marriage and then moved to a state that didn’t recognize the validity of the marriage, thus making it difficult to obtain a divorce. Spouses need to understand that, absent a formal divorce, they are still legally married, and any assets or property that they accrued prior to separation is still part of the marital estate in the eyes of North Carolina law.

These are just a few of the issues that same-sex couples now have to navigate when it comes to family law; all of the different legal considerations that could come into play during a divorce or other family law matter are too numerous to list here. In general, if you’re in a same-sex relationship and are facing divorce, it’s critical that you consult with an experienced family law attorney who can explain your legal rights and options — and who can advocate for you based on an extensive knowledge of the law.

RELATED: Is Everything Split 50/50 in a Divorce in North Carolina?

Myers Law Firm Is Here to Help with Your Family Law Issues

At Myers Law Firm, we understand that the end of a marriage is never an easy time for either spouse, so we approach every family law case with compassion and understanding to search for solutions. While we excel at respectful negotiation and will work to find common ground with the other side, we are ready to stand up in court and fight for your rights with an aggressive approach if that’s what it takes.

The attorneys at Myers Law Firm have experience handling all of the major family law issues that surround the end of a marriage, including alimony, child custody, child support, property division, and divorce. We’re here if you need help. To get in touch with us, call our offices at 1-888-376-ATTY (2889) or fill out the contact form on our website.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Navigating a High-Asset Divorce in North Carolina: What You Need to Know

  1. Navigating a High-Asset Divorce in North Carolina
  2. Is My Divorce a High-Asset Divorce?
  3. How Assets Are Divided in a North Carolina Divorce
  4. How Can I Protect My Assets During a High Net Worth Divorce?
  5. Other Issues in a High-Asset Divorce
  6. Contact Myers Law Firm for the Experienced Advocates You Need During a North Carolina Divorce

Navigating a High-Asset Divorce in North Carolina

Each divorce process is unique, and so are the legal issues that surround it. But if there’s one general rule that holds across most divorces, it’s that the more money and assets that are involved in a divorce, the more complex and expensive the process tends to be. High-asset divorce cases can easily become complicated, lengthy, and stressful for both spouses.

Is My Divorce a High-Asset Divorce?

A couple at a table with divorce papers and wedding rings

There’s no strict definition for a high-asset divorce, but in general, a high-asset divorce is one that involves a significant total value in assets. Spouses in a high-asset divorce often have total household incomes exceeding $250,000 per year, and these divorces often involve high-value assets such as (but not necessarily limited to):

  • Real estate holdings, sometimes including multiple homes
  • Multiple cars or other vehicles
  • Family-held or jointly owned businesses
  • Retirement and investment accounts
  • Inheritance/trust interest
  • Expensive/unique collections such as valuable artwork and jewelry

On one hand, high-asset divorces are not totally different from divorces that involve fewer assets and less money. Wealthy or high-earning couples still need to resolve the same fundamental legal issues that every divorcing couple does, including child custody, child support, spousal support, and property division. But the way these processes play out—especially when it comes to the length and complexity of negotiations and legal proceedings—can look very different during a high-asset divorce settlement.

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How Assets Are Divided in a North Carolina Divorce

A valuable house with a beautiful lawn

In a North Carolina divorce, property division is based on a philosophy of “equitable distribution,” which means that the court starts out with the presumption that the spouses are entitled to an even 50/50 split of any marital property that was acquired from the date of marriage through the date of separation.

However, not all of the assets owned by spouses are necessarily marital assets. During the divorce process, the court will classify all the assets owned by either or both spouses into two main categories:

  • Separate property is property that one spouse either owned independently before the marriage or received as a gift or inheritance during the marriage. Note that gifts and inheritances must be intended for only one spouse to be considered separate property. Also, assets purchased with separate property remain separate property if certain parameters are met.
  • Marital property is all the non-separate property that either spouse acquired from the time they got married through the date of separation. Usually, it doesn’t matter if a property or asset is only listed in the name of one spouse. If it was acquired during the marriage and is not separate property, it’s marital property.

There’s also a third category of property, divisible property, which includes any property that either changes in value after the date of separation or was earned before the date of separation but not received until after separation. This category is necessary because property can change hands or change value between the date of separation and date of distribution—especially a high-asset divorce that takes time to resolve. Like marital property, divisible property is subject to equitable distribution.

Some other states apply a different standard called “community property.” If you’ve read about this standard, just know that it isn’t relevant to the division of property during divorce proceedings in North Carolina.

What Factors Can Affect Property Division in North Carolina?

So, we know that the court starts out with the presumption that all marital and divisible property should be split 50/50 between the spouses—but we also know it can’t be that simple, or there would be no fighting over assets in any divorces!

In reality, the 50/50 split is just the starting point for negotiations and arguments in the divorce. Each spouse can make arguments before the court explaining why a 50/50 split would be unfair and why they deserve more than a 50 percent share of any assets. And, in addition to arguing for an unequal split, either spouse can produce evidence to show that an asset should be considered their separate property instead of marital property.

RELATED VIDEO: 5 Common Questions About Property Division During a Divorce

How Can I Protect My Assets During a High Net Worth Divorce?

A person filling out paperwork and a miniature house on the table

When you’re facing a complex, high-asset divorce, things can become overwhelming quickly, and it may be hard to know where to begin. The first step—which your attorney can help you with—is to build a complete, accurate picture of all your household and business property: what it is, what it’s worth, where it is, and who owns it.

And when we say all the household and business property, we mean all the property. Even if an asset was acquired outside the marriage and eventually won’t be part of the property distribution process, your attorney, the court, and your spouse’s attorney all need to know about it.

Some of the key steps you can take to build an inventory of property include:

  • Make a written inventory and take pictures or make copies of all valuable possessions and financial documents, including:
    • Deeds
    • Insurance policies
    • Financial accounts, including bank and retirement accounts, as well as investment portfolios
    • Estate planning documents
    • Tax returns
    • Billing, receipts, banking records, tax documents, and any other available financial records for any household or jointly owned businesses
  • Categorize all possessions and assets as one of the following:
    • Marital property (obtained jointly during the marriage)
    • Separate property (owned prior to marriage, or was inherited or received as a gift specifically intended for one spouse)
  • For all separate property, gather proof or documentation that can show the asset was owned prior to the marriage or received by one spouse as a gift or inheritance
  • For any valuable personal property that you own, secure it, and have it professionally appraised to determine its value
  • Change the beneficiary on any of your accounts as needed

Again, if this sounds like a lot to deal with, don’t worry—an experienced divorce attorney should be able to guide you through every step of the process and answer any questions you have along the way.

Can I Hide Assets During a Divorce?

Absolutely not. You should never try to conceal assets during the equitable distribution process. Hiding assets in a divorce is against the law and can lead to consequences including:

  • Court sanctions and penalties
  • Being forced to pay the other spouse’s legal fees
  • Higher alimony payments
  • Being held in contempt of court, which can lead to jail time or even a prison sentence

Unfortunately, the risk of severe legal consequences isn’t always enough to overcome greed, especially when large amounts of money are involved. So, it’s not unheard of for spouses to try to hide assets or accounts during a high-asset divorce.

If you suspect your spouse is hiding assets, it’s very important to let your lawyer know right away. Hiding assets is harder today than ever, and an experienced high-asset divorce lawyer should have access to forensic accountants or other expert investigators who can uncover hidden assets. These specialists can examine financial records and trace money across accounts, transactions, and financial institutions to reveal the full and accurate picture of the marital property in a divorce.

RELATED: How to Protect Gifts and Inheritances in a Divorce

Other Issues in a High-Asset Divorce

A man typing on a laptop computer

Other divorce-related issues besides property division can also become more complex in a high-asset divorce. For example, if the divorcing spouses’ combined monthly gross income is more than $40,000 (as of January 2023), the North Carolina child support guidelines don’t go high enough to set a default amount of support. When this happens, the amount of child support depends completely on negotiation between the spouses and, ultimately, the decision of the judge who handles the child support case.

This example is just one of many ways in which a high-asset divorce can take you into “uncharted territory” where generalized legal advice won’t apply to your situation. Long-term alimony can also become a contentious issue in high-asset divorce cases.

If you’re currently involved in or facing the prospect of a high-asset divorce, there’s an enormous amount at stake, and any mistake can be incredibly costly. In this situation, you should contact an experienced divorce attorney who has handled high-asset divorces before and can begin building a legal strategy to protect your rights and best interests.

Contact Myers Law Firm for the Experienced Advocates You Need During a North Carolina Divorce

The attorneys of Myers Law Firm have decades of combined experience handling all major family law issues that surround the end of a marriage, including alimony, child custody, child support, property division, and divorce. We’ll always treat you with compassion but also fight relentlessly to protect your rights and best interests.

If you need help with a family law matter in Mecklenburg County, call our offices at (888) 376-2889 or fill out our online contact form today to schedule your initial consultation.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Can I Pay or Receive a Lump Sum Alimony in North Carolina?

  1. Can I Pay or Receive a Lump Sum Alimony in North Carolina?
  2. What Is a Lump Sum Alimony Payment?
  3. What Are the Advantages and Disadvantages of Lump Sum Alimony for the Dependent Spouse?
  4. What Are the Advantages and Disadvantages of Lump Sum Alimony for the Supporting Spouse?
  5. Is Lump Sum Alimony Even an Option for Me?
  6. Myers Law Firm: Client-Focused Alimony Attorneys in Charlotte, NC

Can I Pay or Receive a Lump Sum Alimony in North Carolina?

Alimony payments are a frequent source of stress, frustration, and friction for many separated couples. While monthly payments are supposed to provide a stable source of income for the dependent spouse, they also often breed resentment—and if the supporting spouse gets behind on payments, you may need to get the court involved.

But while monthly alimony payments are by far the most common arrangement, they aren’t the only spousal support option for separated couples in North Carolina. In some cases, a lump sum payment might be a better alternative for both spouses.

To be clear, lump sum alimony is very rarely awarded by a judge, and it may not even be realistically possible for you. Such an arrangement usually requires a specific combination of circumstances to achieve. It is more likely to occur as part of a settlement agreement between the spouses. However, if these circumstances do apply to your situation, a lump sum alimony payment may be worth considering.

What Is a Lump Sum Alimony Payment?

Hands opening a wallet containing money

In most spousal support arrangements, the court sets a monthly amount that the paying spouse must pay their ex-spouse.  In North Carolina, this is known as either rehabilitative alimony (if the payments are set to expire after a fixed term) or permanent periodic alimony (if monthly installments are set to continue until either spouse dies or the receiving spouse remarries).

In a lump sum alimony arrangement—sometimes known as an alimony buyout—the supporting spouse’s entire alimony obligation is set at a total fixed amount to be paid, rather than a regularly recurring monthly payment.

In many cases, the entire obligation is paid out in one lump sum payment. However, lump sum alimony can also be paid in multiple installments, according to the timeline established in the agreement or court order. The key difference is that the total amount of the lump sum amount is fixed and cannot easily be changed or terminated, even if the spouse receiving alimony remarries or the spouse paying alimony dies.

Additionally, some or all the lump sum alimony obligation could be met by transferring real property owned by the paying spouse to the receiving spouse, in lieu of cash payments.

RELATED: How Long Do You Have to Pay Alimony in North Carolina?

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What Are the Advantages and Disadvantages of Lump Sum Alimony for the Dependent Spouse?

A person writing a check

From the perspective of the spouse receiving spousal support, a lump sum payout is often the ideal option (in the rare circumstances in which it is realistically available). This is true for many reasons, including:

  • Time value of money. A dollar you receive today is almost always more valuable than a dollar you might receive in the future. That’s not only because of inflation, but also because money you have now can be invested (or used to pay off debts) and used to gain additional earnings or reduce interest payments on a loan.
  • Cannot be changed. A lump sum payout is fixed regardless of whether you get remarried, get a higher paying job, or if your ex-spouse unexpectedly dies or falls on hard times while you would still otherwise be receiving monthly payments.
  • Certainty, simplicity, and closure. With monthly alimony installments, there’s always a risk that the payments will be late (or your ex-spouse will simply stop paying), or that your ex-spouse will request to change the monthly amount. This could lead to money troubles, time-consuming court actions, and more. But with a single or a few lump sum payments, both parties can quickly end any formal relationship and move on.

Keep in mind, though, that there are some potential dangers and downsides to lump sum alimony. Receiving a large, one-time payment might disqualify you from certain government assistance programs you might otherwise be eligible for.

You also need to be honest with yourself about whether you have the financial skills and discipline to handle a large transfer of cash or property responsibly. Alimony payments—whether periodic or lump sum—are meant in part to enable the economically disadvantaged spouse to maintain their marital standard of living. You don’t want to spend lavishly and quickly burn through a one-time spousal support payment.

If you feel that you would be tempted to overspend your lump sum alimony payout, a monthly alimony payment may be the safer and wiser choice.

What Are the Advantages and Disadvantages of Lump Sum Alimony for the Supporting Spouse?

A woman getting out of a car while on the phone

From the perspective of the person paying alimony, the benefits of a lump sum buyout are perhaps less attractive. A lot depends, however, on the supporting spouse’s financial means, as well as what they personally value.

Many of the same reasons that lump sum alimony is advantageous for the receiving spouse are obvious downsides for the paying spouse. If you pay it all up front rather than gradually over time, you pay the higher “present value” for that money and can’t invest it. You also can’t get your lump sum “refunded” if your former spouse remarries, gets a high paying job, or their circumstances change in other ways that would likely lower or even eliminate a monthly alimony payment. So, in the end, it’s very likely that a lump sum payment will cost you more.

There’s also the obvious fact that paying the equivalent of multiple years of alimony in just one or a few payments is extremely expensive and only an option for very wealthy individuals.

The main advantage, however, is simply being able to quickly and permanently sever ties with your former spouse and not have to worry about regular communication, monthly payments, or the risk of having to go back to court or be ordered to make higher alimony payments in the future. Additionally, a lump sum payment can be used as part of negotiations to make a lower lump sum payment when compared to the total amount that might be paid out over a multi-year term of alimony.

Separation is stressful, even in the best of circumstances, and divorces that start amicably often get messy when hashing out the divorce settlement agreement. For many people, the chance to make a clean break and move on with no lasting obligations is worth the likely extra cost.

RELATED: Who Gets Alimony in North Carolina and Why?

Is Lump Sum Alimony Even an Option for Me?

A man and a woman shaking hands

Lump sum alimony is rare for many reasons. It’s not going to be an option in most situations.

The most straightforward way to get alimony as a lump sum is for both spouses to come to an agreement and memorialize the terms in a separation agreement. But this is much easier said than done. Even if the supporting spouse has the financial means to pay alimony in a lump sum, they may have no interest in doing so, or can’t agree on the amount.

A court might also order the supporting spouse to pay spousal support as lump sum if they have the means to do so, especially if the court feels that the spouse is likely to defy court orders or be unwilling (or even unable) to pay monthly installments in a timely fashion.

You can see why, for most separating couples, rehabilitative or permanent periodic alimony arrangements are often the only realistic solution. But if you feel lump sum alimony makes sense for your specific circumstances, it is worth discussing the matter further with a family law attorney, as well as a financial planner.

Myers Law Firm: Client-Focused Alimony Attorneys in Charlotte, NC

Alimony calculations are often extremely complex. Every separation is different, and under North Carolina law there are 16 separate factors that a judge must evaluate when determining the amount and duration of the payments.

If you have any questions about your alimony claim, or you believe that the current court order is unfair and should be changed, don’t wait any longer to speak to an experienced alimony attorney.

We understand how difficult and confusing the spousal support process can be, whether you’re the one making payments or the one receiving them. We are here to help you understand your options, be your strong ally and advocate as you navigate this challenging season of life, and help you arrive at a result that’s truly fair for all involved.

To schedule your initial consultation, please call our Charlotte office toll-free at 1-888-376-ATTY (2889) or fill out and submit our online contact form. We will follow up and get in touch with you as soon as possible.

References

N.C. General Statutes § 50-16.7 (2015)

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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How Long Do You Have to Pay Alimony in North Carolina?

  1. How Long Do You Have to Pay Alimony in North Carolina?
  2. When Is Alimony Awarded?
  3. How Long Can Alimony Obligations Last?
  4. Does That Mean Alimony Can Never Change or End Otherwise?
  5. Myers Law Firm Can Help Understand Alimony in Your Case

How Long Do You Have to Pay Alimony in North Carolina?

Paying Alimony

When a marriage ends, spouses might leave with different financial situations. While both might support the household, one spouse might have contributed more money, while the other added value in different ways. The latter might find it tough to meet their monthly expenses after divorce, and spousal support could help them make up the difference.

Spousal support payments, or alimony payments, flow from the supporting spouse to the spouse who requires assistance, known as the dependent spouse. But the length of payments can vary widely from one case to the next, and there’s no absolute formula in North Carolina to know what to expect. This uncertainty is why working with an experienced family law attorney is so important.

When Is Alimony Awarded?

Paying Alimony

To get an idea of how long payments could last, you’ll have to understand why a judge orders alimony. For support to be an option, the dependent spouse must meet three conditions:

  • There was no illicit sexual behavior by the dependent spouse
  • They need help meeting their own needs and maintaining the standard of living that existed during the marriage
  • Their supporting spouse has the ability to pay support

If all three conditions are met, a judge can approve support, then determine the amount the supporting spouse will pay the other. Age and health, the ability to earn money, and the length of the marriage are some of the factors that play into the amount of the payments.

How Does Marital Misconduct Affect Alimony?

Misconduct during marriage can also have a large impact on the decision. North Carolina law requires alimony from a supporting spouse guilty of infidelity, known as illicit sexual behavior, and bars a cheating dependent spouse from receiving alimony. Behavior other than unfaithfulness, like abuse, abandonment, or cruelty, can affect the alimony decision, but are not an absolute bar.

RELATED: Who Gets Alimony in North Carolina and Why?

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How Long Can Alimony Obligations Last?

Paying Alimony

From temporary help to adjust to a new start, or permanent alimony to foster the former quality of life, how long a supporting spouse pays alimony depends on the individual case. Additionally, the length of the marriage plays a large role in how long the alimony payments last, but a judge can weigh other factors. These factors include: 

Postseparation Support

Postseparation support is like temporary alimony. The postseparation support decision is different from alimony and is designed to take place shortly after the parties separate. This decision is different from alimony because it is usually based solely on economic factors and is designed to be a band-aid until a final decision is made on alimony. 

Ongoing Orders With Permanent Alimony

A judge might decide not to set an end date to alimony, opting for permanent alimony. Payments can go on indefinitely after a long marriage with circumstances that leave a spouse without the ability to maintain their standard of living. Circumstances such as when a dependent spouse traded a chance at building a career in exchange for maintaining the household and bringing up the kids can leave an ongoing need to receive alimony. Permanent alimony can be terminated later down the road if circumstances change.

Monthly Alimony for a Set Period

The most common form of alimony is monthly payments at a set amount for a set period of time. Evaluating alimony claims can be difficult because North Carolina does not have any laws, rules, or decisions that set the length of time for alimony. It is up to the judge’s discretion, based upon the circumstances of the case.

Fixed Payments With Lump-Sum Alimony

When the court determines a lump sum alimony award is in order, the supporting spouse will have to pay a fixed amount to the dependent spouse. This payment can happen once or over time until the amount is met, with money or transferring property acceptable means to pay alimony in this circumstance. A judge can order this form of payment if they foresee potential issues with ongoing, permanent alimony payments. 

Does That Mean Alimony Can Never Change or End Otherwise?

Paying Alimony

Ongoing and permanent alimony orders still aren’t immune to alteration. When the situation changes, a judge could change terms or terminate payments.

Changes That Can Lead to Modifying Alimony

When alimony payments are set on a timeframe, changes could occur when factors undergo a big shift. If the supporting spouse loses their ability to pay alimony, or the dependent spouse becomes self-sufficient, alimony payments could change. After considering new information, the courts will make the final decision, issuing a court order with updated terms.

Situations That Warrant Terminating Alimony

Alimony, whether with a set end date or without, can meet the requirements for early termination. This mean there are certain cases where the states does away with the requirement to pay alimony:

  • One of the spouses passes away
  • The divorced spouses resume their marriage
  • The dependent spouse remarries or romantically cohabits with another adult

Myers Law Firm Can Help Understand Alimony in Your Case

Alimony decisions in divorce aren’t as simple as crunching numbers. It’s hard to know on your own how long alimony payments will last. That’s why it’s so important to find experienced legal help. 

Myers Law Firm has over 60 years of combined experience helping both supporting and dependent spouses in alimony cases. We can help you build a case for payments and schedules that amount to a fair level of financial assistance. Call (888) 376-2889 or complete this brief form to learn your legal options during this difficult time. 

References

N.C. Gen. Stat. § 50-16.1A (1995). 

N.C. Gen. Stat. § 50-16.2A (1995). 

North Carolina Equal Access to Justice Commission. (2019, June). North Carolina Divorce Packet. https://www.nccourts.gov/assets/inline-files/NC-Divorce-Packet-Aug-2019.pdf 

North Carolina Judicial Branch. Separation and Divorce. https://www.nccourts.gov/help-topics/divorce/separation-and-divorce#alimony-7481 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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When Will Your Divorce Include Alimony?

  1. When Will Your Divorce Include Alimony?
  2. What support is available?
  3. Who is eligible for alimony?
  4. Instances for alimony
  5. How much alimony can you expect?

When Will Your Divorce Include Alimony?

Married couples going through divorce aren’t always on the same financial footing. Both partners might contribute to the household in their own way, leaving one relying on the other for income. This means that, without help, they could have trouble keeping up with the demands of living on their own.

And that financial help is not uncommon. According to the U.S. Census Bureau, 1.8 million people in the US pay some form of spousal support. These payments often add up to thousands of dollars every year for the supporter. These large amounts make it important to understand what alimony is and whether it’s in play during your divorce.

What support is available?

Alimony is payment from the supporting spouse to the spouse in need after divorce. That help can range from a short-lived safety net to ongoing payments to keep a higher quality of life.

There are also options for temporary support while the courts consider alimony requests. Postseparation support payments are usually made over a short, specific term during your divorce. It could be available to those who really need financial help as the process moves along.

The requirements for postseparation support can take both parties into account:

  • What was your standard of living during the marriage?
  • What kind of income can you both earn?
  • What are your debts and financial obligations?

These payments can help one spouse stay afloat during the divorce, but they usually end when the divorce is complete. This is when alimony kicks in if it applies to your situation.

RELATED: 6 Things You Need to Know About Divorce in North Carolina

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Who is eligible for alimony?

You’ll have to address alimony before your divorce becomes final. You can ask for a change to the payments after they’re established, but you might lose the chance for support once you close the book on the divorce process.

Your situation will also likely have to meet three general requirements to make the grade:

  1. Help: One spouse has a serious need for help maintaining their finances.
  2. Ability: The other spouse can provide support without putting their own standard of living in danger.
  3. Behavior: There was no marital misconduct from the spouse requesting help.

One piece that won’t come into play is gender. Either spouse can ask for alimony as long as they are dependent on the supporting spouse.

Once a judge has decided alimony is in order, North Carolina spells out factors that can affect how much and how long payments will be, including but not limited to:

  • Age and overall health
  • Education, job experience, and ability to earn
  • Standard of living during the marriage
  • Marriage length and contributions over time
  • Financial needs of each spouse
  • Misconduct during the marriage

No one situation can trigger support, but many can impact the final ruling. Each factor could change the nature of the payments.

Instances for alimony

If one spouse decides to stay home and maintain the household while the other advances their education or career, that can translate to support. This can be even more impactful if you haven’t been married enough time to see the benefits of the arrangement. A court could decide to help the spouse in need as they regain their lost footing.

More long-term help could be in order if one spouse can no longer make up lost ground or meet needs on their own. This might be due to factors like age or ability. In this case, a judge may decide that a longer, ongoing payment is the best option.

One aspect that can quickly tip the scales is the reading on misconduct. While bad behavior can be a broad definition, cheating spouses are often at a disadvantage. If the supporting spouse was unfaithful, North Carolina law requires some amount of alimony. But if the dependent spouse was in the wrong, the law bars the judge from awarding alimony.

But infidelity isn’t the only action that could influence a potential alimony scenario. There’s a long list of behaviors that can sway spousal support, including:

  • Cruelty and unbearable treatment
  • Spousal abuse
  • Abandonment
  • Alcohol or drug abuse
  • Wasting or hiding money

How much alimony can you expect?

North Carolina spousal support doesn’t rely on equations to determine the amounts or length of alimony. The judge can weigh the factors before them and make a subjective decision. Providing the right evidence to show your case could mean a big difference in the outcome. This is why it is so important to have a skilled and experienced family lawyer in your corner when alimony is at stake.

Myers Law Firm has over 60 years of combined experience helping clients work through complicated legal matters, including the many pieces involved in alimony proceedings and payment. The judge’s final call could stay in place for years to come, so assistance might make the process smoother now and help you financially in the future.

Call (888) 376-2889 or complete this simple form to schedule your appointment and learn your legal options during this difficult time.

References

Grall, T. (2018, December). Support providers: 2013. U.S. Census Bureau. https://www.census.gov/content/dam/Census/library/publications/2018/demo/P70BR-158.pdf

N.C. Gen. Stat. § 50-16.1A (1995).

N.C. Gen. Stat. § 50-16.2A (1995).

North Carolina Equal Access to Justice Commission. (2019, June). North Carolina Divorce Packet. https://www.nccourts.gov/assets/inline-files/NC-Divorce-Packet-Aug-2019.pdf

North Carolina Judicial Branch. Separation and Divorce. https://www.nccourts.gov/help-topics/divorce/separation-and-divorce#alimony-7481

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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What’s the Difference Between Separation and Divorce in North Carolina?

  1. What’s the Difference Between Separation and Divorce in North Carolina?
  2. Separation Is Part of the North Carolina Divorce Process
  3. Do I Need a Divorce Attorney If I’m Separated?
  4. Contact Myers Law Firm If You Need Help with a Divorce or Family Law Matter in Charlotte, North Carolina

What’s the Difference Between Separation and Divorce in North Carolina?

The misconception that separation and divorce are the same is all too common. In fact, separation and divorce are two different things, and they serve different purposes.

In this post, we’ll go over the differences between divorce and separation in North Carolina, and we’ll provide insight about how the two events affect you, your relationship, and your family.

Separation Is Part of the North Carolina Divorce Process

Every marriage is different, and so there’s no one right way to address differences, take time away, or end a marriage. While divorce is the way to end the legal bond between two people, separation is the first step that can lead to many possible results, including divorce, indefinite separation, or reconciliation.

Defining Separation

Some states have legal separation, which is a legal filing in which a married couple formalizes a separation without dissolving their marriage. In North Carolina, there’s no official document or any other formal process for a married couple to become “legally separated”. You and your ex are only separated if you’re living apart and at least one of you intends to leave the marriage permanently. If one of you moves out of the marital home with the intent of leaving the marriage, you can mark the date of separation on your calendar, and that’s enough.

North Carolina couples must remain separated continuously for one year before they can file for divorce. If you get back together and resume the marital relationship but then realize it was a mistake, you have to start the one-year clock over again. However, isolated “hook-ups” do not automatically restart the clock, even if you and your ex engaged in sexual intercourse.

Initiating a separation is simple, but it also opens the door for couples to begin dealing with the issues of custody, child support, spousal support, and property division. This is where the real conflict comes into play.

Defining Divorce

Separation in North Carolina requires couples to live separate and apart for one year. However, separation does not affect your marital status. Unless your marriage was not legally valid and you can get an annulment (which is rare in North Carolina), divorce is the only way to permanently dissolve your marriage and go back to being a single person for legal purposes.

Technically, filing for divorce is a simple process. All you need to do is file a lawsuit with the court and go through the process, which takes about 50–60 days after the other party is served with the lawsuit. In the end, you get a judgment of divorce, and your marriage is over.

Issues Related to Separation

Although obtaining the judgment of divorce is simple, all the issues that will come up as a result of the separation can get very complicated. These are the major legal issues that go along with dissolving a marriage: property division (equitable distribution), child custody, child support, and spousal support (alimony). The legal process of resolving these divorce-related claims is where all the conflict actually happens. In contentious cases, these issues may not be finalized until after the divorce is final.

Remember this, because it’s important: You do not have to be separated for one year in order to resolve claims for child custody, child support, spousal support, or property division. You can resolve them at any time during the one-year separation period, and you can even use a separation agreement to resolve them before you actually separate (so long as you separate within 30 days of creating the agreement). We’ll talk more about separation agreements in the following section.

To learn more about the process of filing for and finalizing an absolute divorce in North Carolina, read our blog article about this subject.

RELATED: How to Obtain an Absolute Divorce in Mecklenburg County

What is a Separation Agreement in North Carolina?

A separation agreement is a legal contract between you and your spouse that resolves the legal issues we discussed earlier (child custody, child support, property division, spousal support). There’s no law in North Carolina that requires you to get a separation agreement, and a court will not issue one for you. Only you and your spouse can create the agreement, and both of you need to be on board.

If you and your spouse can agree on the terms, your separation agreement can resolve any or all of the major legal issues surrounding your divorce. Your agreement won’t be valid unless both parties sign the document in front of a notary, who will notarize the signatures.

You can also put your agreement into a document called a consent order. This is an agreement that is signed by you and your ex and then by a judge. There are different reasons for doing a separation agreement versus a consent order, and we’ll talk about these differences in a future blog article.

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Do I Need a Divorce Attorney If I’m Separated?

If you’re separated or planning to leave the marriage, it’s never too early to start getting legal advice from an experienced family law attorney. Divorce can be a complicated, confusing, and stressful process, especially if you try to go through it without a lawyer.

Not only can a divorce lawyer take all the paperwork and legal preparation off your plate and make sure your rights are protected, but they will also attend to important details you may miss. As an example, some couples forget about various insurance accounts or retirement funds, which often name beneficiaries. If these accounts don’t get included in property division, it can be a mess to figure out what to do with them after a divorce finalizes.

Certain situations also demand the help of an attorney for the health and safety of the family. If you have a partner who is abusive or unstable, a lawyer can get the authorities involved and get court orders that protect you and your children.

No matter what your situation looks like, hiring a lawyer will most likely save you money in the long run unless you have a very simple, uncontested divorce. Make sure to choose an attorney who has experience handling divorce cases, and feel free to meet with multiple lawyers and search for someone who gives you confidence and makes you feel at ease. Your divorce may be a long process, and having the right advocate by your side can make all the difference.

Contact Myers Law Firm If You Need Help with a Divorce or Family Law Matter in Charlotte, North Carolina

At Myers Law Firm, we understand that the end of a marriage is never an easy time for either spouse, so we approach every case with compassion and understanding to search for solutions. While we excel at respectful negotiation and will work to find common ground with the other side, we are ready to stand up in court and fight for your rights with an aggressive approach if that’s what it takes.

The attorneys at Myers Law Firm have experience handling all of the major family law issues that surround the end of a marriage, including alimony, child custody, child support, and property division. We’re here if you need help. To get in touch with us, call our offices at 888-376-2889 or fill out our online contact form today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

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We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Who Gets Alimony in North Carolina and Why?

  1. Alimony from Divorce
  2. Why Do Courts Award Alimony?
  3. Which Spouse Is Eligible for Alimony in North Carolina?
  4. North Carolina Has Two Types of Financial Support for Spouses?
  5. What Factors Affect the Amount of Alimony?
  6. Have Questions About Alimony in your North Carolina Divorce? Call Myers Law Firm Today

Alimony from Divorce

When one spouse can’t support themselves after a divorce, that spouse can seek alimony (also called spousal support) from the other spouse to help them stay financially secure as they transition out of the marriage. The idea behind alimony is that both spouses have become accustomed to a certain lifestyle in marriage, and neither spouse should have to immediately face a drastic change in their financial means because of a divorce.

The idea of alimony might seem straightforward, but alimony is often a complicated and contentious issue during a divorce. Many people also come into a divorce case with mistaken or outdated ideas about what alimony is and how it works.

In this blog article, we’ll explain what you need to know about who gets alimony in North Carolina and why.

Why Do Courts Award Alimony?

Often, one spouse chooses to pass up income and career development opportunities for the good of the household. When the couple separates unexpectedly, the spouse who made these sacrifices suddenly has no way to support themselves and maintain the same lifestyle they’re used to.

Meanwhile, the spouse who has more income benefited from the sacrifices the other spouse made throughout the marriage. The higher-earning spouse probably wouldn’t have been able to earn as much money and advance their career if the other spouse hadn’t devoted time to taking care of children or otherwise supporting the household.

So, the idea behind alimony is to let both spouses walk away from the marriage on equal footing while they figure out a path forward. How long alimony lasts usually depends on the length of the marriage.

For example, let’s say a couple was married for 20 years and had three children. One spouse gave up their career at the start of the marriage to provide childcare and daily household duties, and that spouse never resumed their career.

In that case, the spouse who made the sacrifice gave up a huge amount of potential earnings and career advancement for the good of the family. It will take a long time to compensate that spouse for those sacrifices, so alimony payments in a case like this could go on for many years or might even last indefinitely.

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Which Spouse Is Eligible for Alimony in North Carolina?

Many people believe that alimony always involves a husband making payments to a wife, but that’s an outdated stereotype. North Carolina’s alimony laws do not favor one gender over another, and alimony is a factor in same-sex divorces. Either spouse can receive alimony if they meet one of two criteria:

  1. The spouse can’t meet their own reasonable financial needs without the other spouse’s income or assets.
  2. The spouse can’t maintain the standard of living they enjoyed during the marriage without the other spouse’s income or assets.

The judge in your case will decide which spouse, if either, meets the criteria and is eligible for alimony. In alimony cases, the spouse who receives alimony is called the dependent spouse and the spouse who pays alimony is called the supporting spouse.

North Carolina Has Two Types of Financial Support for Spouses

Spousal support comes in two different forms in North Carolina:

  • Post-separation support is a type of temporary support that’s intended to support a spouse while the court evaluates their alimony claim. Post-separation support stops if a judge grants alimony, and it can also end when any of the following things happen:
    • The date specified in the post-separation support order passes
    • The judges dismisses the alimony claim
    • The court enters a judgment of absolute divorce when no alimony claim is pending
    • The dependent spouse gets remarried or moves in with a new significant other
    • Either spouse dies
  • Alimony is more permanent than post-separation support. Usually, the supporting spouse pays alimony regularly for a specified amount of time, but sometimes alimony payments go on indefinitely.

RELATED: Who Gets the Dog in a Divorce? Understanding North Carolina Pet Custody Laws

What Factors Affect the Amount of Alimony?

When a judge in North Carolina considers how much alimony a spouse might be eligible for and how long alimony should last, they will examine:

  • Earning capabilities of both spouses
  • Length of the marriage
  • The standard of living or lifestyle during the marriage
  • Assets and property acquired during the marriage
  • Each spouse’s disabilities or other unique needs
  • Each spouse’s age and physical and mental health
  • Marital misconduct, such as:
    • Adultery
    • Abandonment (physical or emotional)
    • Committing a crime that causes separation between the spouses
    • Reckless spending or the destruction, waste, or hiding of assets
    • Dangerous behavior that puts the other spouse in harm’s way
    • Abusing alcohol or drugs in a way that makes the other spouse’s life unbearable
    • Kicking the other spouse out of the house and not allowing them to return
    • Refusing to provide material support for the other spouse (food, shelter, money) even though they need the support and it’s feasible to provide it
  • Any other economic factor that would influence a person’s ability to support themselves

Once awarded, alimony payments can take the form of installments or a single lump-sum payment. In many cases, alimony payments have a set end date, but the judge doesn’t have to set an end date if they don’t feel it’s appropriate.

Alimony ends when either spouse dies, when the date set in the alimony order passes, or if the dependent spouse remarries or moves in with a new partner. The court can also change the amount of alimony or stop it completely if either spouse experiences a change in life circumstances.

In general, since each relationship and each divorce is unique, it’s hard to generalize about how alimony looks in practice. If you’re facing a divorce and need to make a claim for alimony or defend yourself against an unreasonable alimony claim, it’s in your best interest to speak with an experienced lawyer who can give you personalized advice.

Have Questions About Alimony in Your North Carolina Divorce? Call Myers Law Firm Today

If you have questions about alimony, reach out to our experienced divorce lawyers at Myers Law Firm. We’ll meet with you to learn about your situation and offer straightforward advice about what to do next.

To schedule your consultation, please call 888-376-2889 or complete our brief online contact form today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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How the New Tax Law Might Affect Your Alimony Case

  1. Alimony and Tax Law
  2. No Deductions for Alimony Payers, No Taxes for Alimony Recipients
  3. How Will the New Tax Law Affect My Divorce Case?
  4. Myers Law Firm Can Help with Alimony in North Carolina

Alimony and Tax Law

Negotiations over alimony (or spousal support, as lawyers tend to call it) are already tough, but they may get even tougher thanks to the new tax law that Congress passed at the end of 2017. People who pay alimony will lose a valuable incentive, while alimony recipients appear to benefit — at least at first glance.

However, a closer look at the facts reveals a murkier truth. Read on to learn how this new law may affect your divorce case.

PLEASE BE ADVISED THAT THE ATTORNEYS AT MYERS LAW FIRM, PLLC ARE NOT TAX LAWYERS AND THIS POST SHOULD NOT BE CONSIDERED AS PROVIDING TAX ADVICE OR LEGAL ADVICE ABOUT TAXES. THIS POST IS PROVIDING A GENERAL OVERVIEW OF HOW THE TAX LAW CHANGES MAY AFFECT SPOUSAL SUPPORT. FOR GUIDANCE ON YOUR SPECIFIC SITUATION, PLEASE CONSULT YOUR CPA.

No Deductions for Alimony Payers, No Taxes for Alimony Recipients

While laws regarding alimony vary widely from state to state, the way the IRS treats alimony for tax purposes has remained the same for the past 75 years: people who pay alimony get to deduct it from their taxes while people who receive alimony pay taxes on it.

Congress turned all this upside-down when they passed President Trump’s signature tax legislation, the Tax Cuts and Jobs Act, in December 2017. Once the new law takes effect in 2019, alimony will no longer be tax-deductible for the payer, and those who receive alimony will no longer have to pay taxes on it.

While this may sound like a major win for alimony recipients, it’s not that simple. Without the tax deduction, spouses who pay alimony will have less available income from which to pay, and many recipients may end up getting less money overall. In the end, the new tax law might prove to be a lose-lose situation for both spouses in an alimony case.

RELATED: How Do Prenuptial and Postnuptial Agreements Affect Divorce?

Note that the new law only applies to divorces finalized or modified after 2018. If your spousal support case is resolved during 2018, the new law won’t apply. However, the law specifically allows ex-spouses to modify an existing divorce agreement to adopt the new rule once it goes into effect. In other words, if you modify an agreement entered prior to 2019, you and your ex can choose whether you want the old law or the new law to apply to your situation, but only if you both agree.

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How Will the New Tax Law Affect My Divorce Case?

One possible consequence of the new law is that negotiations over alimony may become tougher to resolve. In the past, the tax deduction for alimony often served to “soften the blow” for the spouse who agreed to pay alimony. Now, the new law has eliminated that silver lining, which means spouses may fight harder against spousal support requests and may be more willing to go to court rather than hash things out at the negotiating table.

Alimony negotiations through the end of 2018 could prove especially heated. People who expect to pay spousal support may rush to finalize their divorces before the end of 2018 to avoid dealing with the new tax rules. In some cases, alimony payers may settle for less favorable alimony terms just so they can conclude negotiations and avoid the tax hit from the new law.

On the other hand, people who expect to receive alimony may try to make sure negotiations drag on until next year since doing so will allow them to avoid paying taxes on all future alimony payments. Meanwhile, alimony recipients who expect to receive less due to the loss of available income from the payer may agree to speed things along, which could result in hasty divorces that leave one or both parties unhappy.

If you’re concerned about how the new tax law will affect your spousal support case, you should contact an experienced divorce lawyer right away. An attorney should be able to clear up any questions and advise you about your best course of action in light of the new law.

Myers Law Firm Can Help with Alimony in North Carolina

At Myers Law Firm, we understand the end of a marriage is never an easy time for either spouse, so we approach every case with compassion and understanding to search for solutions. While we excel at respectful negotiation and will work to find common ground with the other side, we’re prepared to stand up in court and fight for your rights with an aggressive approach if that’s what it takes.

The attorneys at Myers Law Firm have experience handling all the major family law issues that surround the end of a marriage, including alimony, child custody, child support, property division, and divorce. We’re here if you need help. To get in touch with us, call our offices at 888-376-2889 or fill out our online contact form.

References

Bischoff, B. (2018, January 26). New tax law eliminates alimony deductions— but not for everybody. MarketWatch. Retrieved from https://www.marketwatch.com/story/new-tax-law-eliminates-alimony-deductions-but-not-for-everybody-2018-01-23

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Contact Myers Law Firm

We are committed to continuing to serve our clients’ legal needs

Single Divider

We are able to meet with clients and hold consultations with prospective clients via telephone or video conference. If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help.

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Recent North Carolina Court of Appeals Decisions Regarding Family Law

  1. Barker v Barker – Civil Contempt
  2. Watkins v Watkins – Equitable Distribution
  3. Kelly v Kelly – Modification of Alimony

Barker v Barker

Barker v Barker – Civil Contempt

Defendant/Father appealed from an order finding him in contempt for failure to comply with a consent order directing him to pay a portion of his child’s college tuition and expenses. The order was affirmed by the North Carolina Court of Appeals. The parties signed a consent order on August 20, 2003, which resolved all of the issues between them regarding child custody, child support, equitable distribution and spousal support. The issue pertinent to the appeal was the parties’ agreement regarding payment of tuition costs and expenses for college. Father agreed to pay 90% and Mother agreed to pay 10% of the tuition, room and board costs of the children’s college education, as long as the “diligently applied themselves to the pursuit of education.”

(more…)