Calculating Alimony in North Carolina Divorces
Alimony calculations can be complex, and there are numerous factors that courts must consider when deciding how much spousal support to award. Continue reading →
Alimony calculations can be complex, and there are numerous factors that courts must consider when deciding how much spousal support to award. Continue reading →
North Carolina courts base spousal support decisions on the financial requirements of each spouse and their respective incomes. This is the general approach taken whenever a party in a divorce moves for post-separation support. However, many spouses wonder if marital misconduct factors into temporary support obligations, and the answer is yes.
Alienation of affection and criminal conversation may be available legal remedies in North Carolina if your spouse has an affair. Alienation of affection holds the paramour (the person your spouse cheats with) liable for interfering in a marital relationship. Criminal conversation holds that person responsible for engaging in sexual activity with someone else’s spouse.
The US Constitution’s Full Faith and Credit Clause[1] requires states to honor certain orders from other states, including divorces, child custody, and spousal support. However, not every family law matter is straightforward, and moving to North Carolina from out-of-state may present some challenges and unexpected changes. Continue reading →
Meeker v. Meeker, 2024-NCCOA-______ (2024).
Facts: Husband and Wife married in 1982 and had two children. They separated in 2009 and finalized their divorce in May 2011.
Salvadore v. Salvadore, 2021-NCCOA-680 (2021 unpublished)
BROSNAN V. CRAMER, 2023-NCCOA-______ (2023).
Can you be awarded alimony when your spouse abuses alcohol to the point that your life has become unbearable? Like all issues in the legal field, it depends. Continue reading →
Let’s suppose that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow and it can take some time for the court to reach your case. When it does, how should the court treat those payments you made? Were they gifts, or were they something the court ought to consider in equitable distribution? Continue reading →
Suozzo v. Suozzo, 2022-NCCOA-620.
Facts: Plaintiff wife and Defendant husband entered into a separation agreement wherein Defendant was to pay Plaintiff $200,000 in monthly installments over 240 months. This arrangement began in March 2006 and would terminate in March of 2026. For the first 18-36 months, Defendant made the monthly payment. Sometime in 2008, Defendant stopped making those payments. Plaintiff chose to file a breach of contract claim against Defendant but not until 2019, more than ten years since Defendant stopped paying. The trial court awarded Plaintiff $100,789 in damages, calculated by granting only the missed payments due within three years of the commencement of Plaintiff’s action—as any unpaid installments due prior to February 2016 were barred by the statute of limitations—and the payments that became due while the action was pending through judgment. Defendant appealed. Continue reading →