Articles Tagged with spousal support

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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.

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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.

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BROSNAN V. CRAMER, 2023-NCCOA-______ (2023). 

  1. Facts: The facts here are simple. Plaintiff and Defendant married in 2008. After years of marriage, Plaintiff filed claims for alimony, child custody, child support, equitable distribution, post separation support (PSS), and attorney fees on October 15, 2020. Defendant filed his response on January 20, 2021. Plaintiff filed her reply on March 15, 2021. Then Plaintiff filed a voluntary dismissal of her pending PSS claim on April 8, 2021. She dismissed her PSS claim without prejudice. Then in a separate lawsuit, Defendant filed a complaint for divorce on April 19, 2021. Plaintiff accepted service of that complaint and did not file any answer to the divorce complaint. As such, Defendant moved for summary judgment and a divorce was granted on June 9, 2021. A mere 20 days later, Plaintiff sought to resurrect her dismissed PSS claim by filing a motion in the cause. Defendant filed a motion to dismiss. Trial court denied the motion to dismiss and ordered Defendant pay PSS. Defendant appeals. 

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Aviles v. Vulovic, E076743 (filed June 9, 2022).

Facts: Plaintiff Husband married Defendant Wife in 2011. However, Wife’s previous divorce had not yet finalized. Wife’s first marriage ended in a separation, and in 2006 Wife filed a petition for divorce. Wife believed that a divorce would just materialize automatically six months after the filing of the petition. In 2007, Wife and Husband began dating. They married in Las Vegas in 2011. Wife later appeared for a child support hearing with her former husband, and the presiding judge informed her that she had not yet been divorced. Wife eventually finalized the divorce in 2012. Wife and Husband had two more wedding ceremonies in 2013, however they never received a marriage certificate from the court. Husband and Wife separated in 2020 and were in court for spousal support. Husband claimed that Wife was barred from seeking support because she was in a bigamous marriage. It was the trial court’s finding that Wife was a putative spouse and awarded her temporary spousal support. Husband appealed. Continue reading →

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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 →