Generally, military disability benefits are exempt from distribution in equitable distribution actions. Here we see whether the court can consider these benefits as income to satisfy a distributive award pursuant to an equitable distribution order. (In this case, Plaintiff improperly filed a Rule 60 motion to set aside the judgment, which is outside the scope of this blog.) Continue reading →
Estes v. Battiston, ___ N.C. App. ___ (2020).
In North Carolina, Alienation of Affections and Criminal Conversation are common law torts called “heart-balm” torts that put civil liability on a third party for causing a breakdown in a marriage. In recent years, attempts by defendants to challenge the tort have relied on numerous constitutional bases. Below, we discuss one avenue attempted by a defendant to bring his constitutional challenges before a court. Continue reading →
In 2020, the holiday season will be one of the most tumultuous in recent years now that Covid-19 rates are beginning to rise again. For parents with ongoing custody cases or custody orders already in place, it presents an especially trying time. Travel is a large component of every holiday season. But before parents and children travel to see their relatives, they need to spend few minutes reflecting on their current custody arrangements. Violating a court order or recklessly leaving on a holiday trip can hurt your case or bring you in contempt of court. Continue reading →
The ongoing Covid-19 pandemic has made fundamental changes in how people interact with the world around them. Businesses immediately felt the impact. Small businesses of all kinds were forced to shut their doors in order to protect the public and their employees. The Paycheck Protection Program (PPP), among other emergency relief funds, was offered as a remedy. It was designed to provide needed cash flow in order to continue paying some of the necessities in running a business, such as employee payroll, mortgages/leases, and utilities. It has been almost ten months since the beginning of the pandemic. In this time, life carried on. Unhappy spouses still sought divorce. And as part of those divorces, businesses still required valuations, including businesses that utilized the PPP. But how can the PPP affect the value of a business? Continue reading →
So you’ve moved to Guilford County from Florida and up until your move you and your ex-spouse have been operating under a child custody order that was entered by a judge in a district court in Florida. Now what? North Carolina General Statutes § 50A-305 provides guidelines for registration of child custody determinations in North Carolina. This procedure is optional but may be of benefit to you and your situation. By registering a child custody order in this state, a parent can send a child to another state without concern that the state will not enforce the order if the parent in this state refuses to return the child. Continue reading →
Stock options can be offered to employees as an incentive or reward for a job well done. They are typically offered up front as a future benefit after working at a company for a set amount of time and can be purchased at an option price that was previously set. Every company will have a different policy and set of requirements. Some require vesting. In North Carolina, in most circumstances, the court will consider a stock option as a form of deferred compensation. The label is important because it opens up the possibility of stock options to equitable distribution. If they are acquired or received during the course of marriage and before separation, they are very likely marital property, even if the option cannot be exercised until after a judgment of divorce. Likewise, they can be divisible if acquired as a result of employment during the marriage, but not received until after separation. Continue reading →
Once again, Hollywood has been hit with another devastating breakup rumor. Although not yet confirmed, many sources report that George Clooney and Amal Alamuddin are in the process of calling it quits. Many sources say that Clooney is upset because he may have to pay around $500 million to Alamuddin if they follow through with a divorce. The $500 million is essentially a distributive award since the couple did not sign a prenuptial agreement before tying the knot. Many couples in North Carolina sign prenuptial agreements before marrying to delineate how to handle specific assets should the marriage fail. If it is your intention to enter into a prenuptial or premarital agreement, you should keep the following in mind. Continue reading →
To say the coronavirus has thrown a wrench in many couples’ divorce plans would be an understatement. With courthouses in and around Guilford County having to shut down repeatedly due to reported positive cases within the courthouse, obstacles abound when it comes to the dissolution of marriage nowadays. It is vitally important to practice patience. Although this may be hard given that divorce is a stressful and emotional process, trust that your attorney is doing everything possible to move your case along. Continue reading →
People all over the United States are suffering from the long-term effects of the COVID-19 pandemic – emotionally, physically, and especially financially. The CARES Act § 2202 has authorized special distribution options for retirement plans and has expanded loans from certain retirement plans. Under the CARES Act, the IRS will not deduct the 10% additional tax from early distribution of a retirement account for individuals directly affected by COVID-19. The explanation of the benefits of this specific section of the CARES Act is outside the subject of this blog. What happens if you are affected by COVID, you and your spouse are separated, and you withdraw money from your retirement under this program? Continue reading →
A common question that often asked during consultations and discussions between attorneys and potential or current clients is: Can I date during my divorce case? The answer depends on the specific facts of your case. Factors to consider include: Are you separated; how long have you been separated; are there minor children affected by dating; have martial funds been used to support the new relationship; and, probably most importantly, when did you start seeing this new person? Continue reading →
North Carolina Divorce Lawyers Blog