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…
READ V. READ, 2023-NCCOA-______ (2023) Imagine that you and your wife separate from each other. It is now 15 years later. While you have both moved forward in life, neither of you filed for divorce. You are still married. One day you get a notice in the mail. There was…
FOSTER V. FOSTER, 2023-NCCOA-______ (2023) Facts: Plaintiff and Defendant married in 2014 and separated at the end of 2019. Plaintiff filed for custody and equitable distribution (ED). Defendant counterclaimed. A trial on ED was held in February and March of 2022. There, the trial court entered a judgment with a…
When it comes to the division of marital property, one question we are commonly asked is what happens if the value of an asset, such as a home, increases during the pendency of the case? In North Carolina, there is a specific provision of the law addressing this exact scenario:…
Achraf Hakimi is an unknown name to most Americans. However, in Europe and most of the world, he is famous as the starting right back for Paris Saint-Germain, one of the most famous soccer teams in the world, and he represented his home country, Morocco, in the latest World Cup.…
Dolan v. Dolan, 148 N.C. App. 256 (2002). Facts: Plaintiff and Defendant married in 1971. Plaintiff went to optometry school and eventually he started his own practice and also bought rental properties to supplement the family income. The parties separated in 1994. A claim for Equitable Distribution (ED) was brought…
DONATI V. DONATI, 2023-NCCOA-________ (2023) (unpublished). Facts: Husband and Wife separated and a claim for equitable distribution was filed by Husband, who claimed that he ought to receive more than fifty percent of all marital and divisible property. Husband contended that he sold his separate residence, a house owned before…
Becker Williams, F. Supp. 3d , 2016 WL 878492 (W.D. Wash. 2016) Facts: Husband and wife were married and in 2002, the husband designated the wife as survivor beneficiary of his retirement plans with Xerox. Husband and wife were divorced in 2006. In 2007, the employer received several telephone calls…
Suppose you inherit money from a family member during your marriage. Is your inheritance subject to being divided under North Carolina’s equitable distribution statute? The brief answer: it depends. North Carolina General Statute § 50-20 defines marital property as all real and personal property obtained and currently owned by either…
Let’s suppose 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 and it can take some time for the court to reach your case. When it…