Most divorces involve some level of property distribution, including tangible and intangible items like furniture, vehicles, houses, bank accounts, and retirement accounts. Spouses who own businesses may also be required to divide the value of their business as part of an equitable distribution order. Sneed v. Johnston Jason Sneed, Plaintiff,…
Courts must have jurisdiction to hear a case. Jurisdiction can be established in numerous ways, including by subject matter or geography. If a party to a case wants to appeal a ruling, the court of appeals must ensure they have appellate jurisdiction, which is the authority to review a lower…
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…
Determining how military benefits should be awarded to spouses and former spouses after the death of a servicemember is complex and based on a variety of factors, including the date and manner of the servicemember’s death and which military benefit is in question. In the case of Bannister v. US,…
Divorcing spouses are not guaranteed to receive an equal distribution of their marital assets and debts. If either spouse requests equitable distribution, the court will divide their property in a way that is determined to be fair, which isn’t always 50/50. Because each equitable division of property is based on…
Qualified Domestic Relations Orders (QDROs) award retirement benefits to someone who is not the owner or payee of the plan. This person is called the alternate payee, and they are often spouses and ex-spouses. Retirement benefits can be considered marital property and divided in equitable distribution during divorce proceedings. However,…
Equitable distribution can be requested in North Carolina divorces, which means the court will determine the fairest way to divide assets and debts rather than dividing property evenly. The presumption is typically that any property acquired during marriage is considered marital property and therefore is subject to equitable distribution. However,…
North Carolina law states that it is presumed that all property acquired between the date of marriage and separation is considered marital property, which includes business interests. When determining the value of businesses, goodwill is often a component of the valuation. This includes intangible assets like brand reputation, intellectual property,…
A Qualified Domestic Relations Order (QDRO) is an order that awards one person the right to receive some or all of another person’s retirement benefits. The person whose retirement account is being divided is known as the participant, and the person receiving the rights to the benefits is called the…
Divorce decrees often include terms regarding the division of property, like bank accounts and real estate, but these court orders do not always have the authority to distribute every asset. Typically, a qualified domestic relations order (QDRO) must be used to divide and distribute rights to pension funds and certain…