Best v. Staton, (unpublished). Equitable Distribution is one of the mechanisms by which former spouses separate their personal and real property. It requires the right timing and, since not all property can be easily split, the right kind of appraisal. Real property is especially valuable, and sometimes difficult to assess.…
Articles Posted in separation
Ask Carolyn: How to Get a Deadbeat Husband Out of the House
Carolyn Woodruff, J.D., C.P.A, C.V.A.Dear Carolyn, I have a cousin, Bernie, who lives in another North Carolina city. She is mid-30s, professionally employed and has two school-aged sons who are involved in numerous sports, school and community activities. My cousin spends the majority of her free time working with and for her kids. Her…
Ask Carolyn: Owning a Business with the Ex-Wife
Dear Carolyn, We have a small family business. I do all the work with customers; my ex-wife does the bookkeeping. We both own the company as shareholders. We now are now separated. What protections do I need to put in place? She writes checks that are not for business expenses…
A year can seem like a LONG time…..
Dear Carolyn, My wife and I have been married 20 years. Our child is graduating from high school this year, and we are miserable. We own a home with lots of debt and we cannot afford to separate without selling our home first. We both work, but there simply is…
Separations and Void Modifications (Kelley v. Kelley)
Sade Knox, InternKelley v. Kelley, T.C. Memo. 2017-798, 2017 WL 1251018 Facts: Husband and wife were married in 1982. They later entered into a Separation and Property Settlement Agreement upon their separation in 1994 (the “1994 agreement”). The two later divorced in 1999. The 1994 agreement resolved several issues between the two…
Playing the Blame Game
In recent legal news, the Mississippi state Senate has passed new legislation that will have citizens of Greensboro and divorce attorneys alike glad that we live in North Carolina. Unlike North Carolina, Mississippi law recognizes both fault-based and no-fault divorces. If the requirements are not met for a no-fault divorce,…
Alimony, Separation Agreements, and Attorney Fees: 2015 Tax Court (Milbourne v. Comm’r)
Milbourne v. Comm’r, T.C. Memo. 2015-13, 2015 WL 393040 (2015) (a) Facts: A husband and his wife separated. She proposed a separation agreement, which required him to pay $6,000 per month in alimony. The husband refused to sign this agreement, as he did not want to pay more than $2,500 per…
Middle Aged Guy’s Date Wardrobe for Summer 2015
By Carolyn J. Woodruff, JD, CPA, CVAToday, let’s deal with the “date” wardrobe you should build over time (depending on your budget). This wardrobe selection is for Summer 2015 for dinners out, movies, theater, concerts and similar activities. Find your own look and make it your own. Be creative. It will make you feel good about…
Separation and Divorce are Important Factors in Innocent Spouse: See How this Wife Won.
By Carolyn J. Woodruff, North Carolina Family Law Specialist, JD, CPA, CVAMolinet v. Comm’r, T.C. Memo. 2014-109, 2014 WL 2573992 (2014) (a) Facts: A husband and wife were married. The wife was from Cuba and was admitted to the United States on a fiancé visa. The husband controlled the marital finances, with minimal input from the wife. She had access to…