Which spouse will stay in the marital home and who will pay the mortgage during separation are among the many considerations in divorce matters. If the spouse who is not staying in the home pays the mortgage, do they get reimbursed for that money after the divorce? What happens if the marital home is awarded to the spouse who paid the mortgage? Continue reading →
By Paul K Mengert, II, JD
Moving out is not a good first step to divorce.
Moving out can seem like the obvious first step to ending an unhealthy relationship. But moving out has many potential repercussions for married individuals in North Carolina, making it an impulsive and bad decision. Continue reading →
When a spouse passes away, North Carolina law entitles the surviving spouse to a portion of the deceased spouse’s estate. The specifics will vary depending on estate plans, how property is titled, and a variety of other factors, but the state’s laws give spouses the right to claim an elective share. There is a formula for calculating a spouse’s elective share, and it is impacted by how long they were married before the other spouse’s death. If spouses are separated but not divorced, elective shares are not guaranteed. Continue reading →
Gray divorce—the decision to end a marriage later in life—is increasingly common among couples aged 50 and older. In our previous blog, we explored the gray divorce of Bill and Melinda Gates, focusing on mutual respect and discretion during the process. In this installment, we’ll look at the divorce of Rupert Murdoch and Wendi Deng, a split that offers unique insights into the importance of financial independence and planning when navigating gray divorce. Continue reading →
Assets and debts are divided either equally or equitably in North Carolina divorces. Tangible property like vehicles, houses, furniture, and jewelry can be included in this distribution, as can intangible assets like bank accounts and retirement accounts. Military pensions are also subject to distribution in a divorce, but they are handled slightly differently from other accounts like 401(k)s and IRAs. Continue reading →
A spouse may be required to pay their spouse’s attorney fees in a North Carolina divorce. There are various situations in which this could occur, such as if one spouse filed a frivolous action. Attorney fees may also be awarded if the spouse requesting attorney fees does so in good faith and does not have the means to cover the costs. Continue reading →
Spouses in North Carolina who are contemplating divorce may consider entering into a separation agreement, and this is a beneficial option for many husbands and wives. What happens if one spouse violates the terms of the agreement? Separation agreements that are not incorporated into a court order are typically subject to the same enforcement rules as other contracts. Continue reading →
North Carolina Divorce Lawyers Blog