North Carolina courts base spousal support decisions on the financial requirements of each spouse and their respective incomes. This is the general approach taken whenever a party in a divorce moves for post-separation support. However, many spouses wonder if marital misconduct factors into temporary support obligations, and the answer is…
ICENHOUR V. ICENHOUR, 2023-NCCOA-______ (2023) (unpublished). Facts: Plaintiff and Defendant were married in 1987 but separated in 2011. In 2012, they reached a consent judgment in which the Defendant agreed to pay $1,800 per month in alimony based on an annual income of $100,000. In 2014, the Defendant attempted to…
Aside from equitable distribution, divorce cases often involve three common financially-centered elements – alimony, child support, and attorney fees. The Wadsworth case argues all three of these issues and is an excellent example of how complicated these matters can be. Wadsworth v. Wadsworth1 Case Background Plaintiff and Defendant were married…
In a significant move that has been years in the making, Florida Governor Ron DeSantis recently signed a measure that will bring about significant changes to the state’s alimony laws. The newly approved measure, known as SB 1416, eliminates permanent alimony and introduces a formula-based approach to determine alimony amounts…
Divorce is often an emotionally and financially draining experience. For spouses who spent all or part of their marriage economically dependent on their wife or husband, the monetary toll is unlikely to end after the divorce is finalized. Alimony is intended to lessen this financial impact and allow each spouse…
WATSON V. WATSON, 2023-NCCOA-______ (2023) Facts: Husband and Wife married in 2004. They separated, and in 2020 Wife filed a complaint for alimony and other relief. In 2021, the trial court granted a summary judgment, denying alimony. Husband argued that Wife’s illicit sexual behavior barred her claim to alimony. At…
Ivana Moral and her ex-husband were married for 25 years. Recently, a Spanish judge ordered Moral’s ex-husband to pay her $215,000.00 as compensation for 25 years of housework handled by Moral throughout the couple’s marriage. Moral won the judgment after arguing before the Spanish judge that she had been…
Can you be awarded alimony when your spouse abuses alcohol to the point that your life has become unbearable? Like all issues in the legal field, it depends. What Does the Law Say? North Carolina General Statute § 50-16.3A states that, upon the court determining that one party is the…
Say that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow. It can take some time for your case to be reached. When it is, how should…
Suozzo v. Suozzo, 2022-NCCOA-620. Facts: Plaintiff wife and Defendant husband entered into a separation agreement wherein Defendant was to pay Plaintiff $200,000 in monthly installments over 240 months. This arrangement began in March 2006 and would terminate in March of 2026. For the first 18-36 months, Defendant made the monthly…