North Carolina Divorce Lawyers Blog

Articles Posted in Divorce

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Hoak v. Plan Adm’r of Plans of NCR Corp., 389 F. Supp. 3d 1234 (N.D. Ga. 2019)

(a) Facts: Two wives were divorced from their husbands. Both husbands were members of a senior executive retirement plan. The plan provided that survivor benefits would be paid to the “eligible spouse” of each plan participant. “Eligible spouse” was defined as “the spouse to whom the Participant is married on the date the Participant’s benefit payments under the Plan commence.” 389 F. Supp. 2d at 1278. Continue reading →

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Metro. Life Ins. Co. v. McDonald, ___ F. Supp. 3d ___, 2019 WL 2419659 (E.D. Mich. 2019)

(a) Facts: Husband wife were divorced in Florida. Their divorce decree incorporated a property settlement agreement providing that the husband would name the wife as beneficiary of his employer-provided life insurance.
Despite the agreement, the husband named his second wife as beneficiary of the policy. Upon his death, both wives claimed the proceeds, and the insurer filed an interpleader action in federal court.
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Culwick v. Wood, 384 F. Supp. 3d 328 (E.D.N.Y. 2019)

(a) Facts: Husband and wife were divorced. Their divorce decree incorporated a separation agreement. The agreement provided:

[T]he Husband shall otherwise retain all pensions and annuities acquired by him at any time, including during the term of the marriage. . . . The Wife waives any claims she might have in and to these benefits including the right to be named as a survivor beneficiary.

384 F. Supp. 3d at 335. The agreement further provided that “nothing herein contained shall require either party to renounce or disclaim any gift, devise or bequest which he or she may be given by the other’s Will, Trust, or other document.” Id. Continue reading →

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Christopoulos v. Trout, 343 F. Supp. 3d 812 (N.D. Ill. 2018)

(a) Facts: Husband filed a divorce action against wife in Illinois. Immediately thereafter, he changed the beneficiary of his employer-provided group life insurance, naming a series of relatives in varying percentages.

The wife immediately asked the divorce judge to order the husband to name the children as beneficiaries. The trial court properly entered a handwritten order granting the relief requested.

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Garcia Tatupu v. Bert Bell/Peter Rozelle NFL Player Ret. Plan, 296 F. Supp. 3d 407 (D. Mass. 2017), aff’d, 747 F. App’x 873 (1st Cir. 2019)

(a) Facts: The husband, a former NFL football player, was divorced from his wife in Massachusetts in 1997. The decree incorporated a separation agreement, which provided: Continue reading →

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Separation can leave you lonely and adrift. There might be a few people you can turn to in Greensboro, but be careful who you share the details of your divorce with. What might seem to be a therapeutic release can turn out to be a train wreck. Here are a few more people that can seem less tolerable during your time of troubles. Continue reading →

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Divorce is a significant life-changing event. If you’re going through this process, you may feel like you’re walking around Greensboro on a tight-rope with no net. Anything could set off your powder keg of emotions. As you try to get a handle on life, here’s four more people that might make you lose your grip. Continue reading →

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By: Amy Setzer, Legal Assistant. These are the personal views of Amy, and not necessarily the views of WFLG.
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One of the most therapeutic things to do when getting divorced is to establish a routine. Going about your every-day in the Triad can help you get up in the morning, compartmentalize when necessary, and generally stay moving (even if it is in a zombie-like manner). However, no matter how you try to stick with what you know, there are going to be some people that don’t seem quite the same. Yesterday, when you were married, your interactions with these folks were mundane and average. Today, now that you’re separated, they’re scraping their nails down the chalkboard of your life. Here are a dozen individuals who can drive you batty if you let them: Continue reading →

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Heedram v. Comm’r, T.C. Memo. 2018‑25, 2018 WL 1193421 (2018)

 

(a) Facts: A husband and wife married in 2011 and divorced in 2015.  During the marriage, the wife earned most of the parties’ income and handled the parties’ finances.  She had unpaid federal taxes from before the marriage.  The parties had difficulty meeting the mortgage payments on their home, and the husband knew this.

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Cojocar v. Comm’r, T.C. Memo. 2017‑189, 2017 WL 4321149 (2017)

 

(a) Facts: A husband and wife filed joint tax returns from 2009 to 2012.  The 2011 return reported $170,870 in income for the husband, $30,870 in income for the wife, and $289 in interest income.  The parties did not pay the tax reported on the return.

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