Family Law

There are four steps in the equitable distribution process:  (1) identification, (2) categorization, (3) valuation and (4) distribution. Identification. The first step in the equitable distribution process is to identify all property owned by one or both parties on the date of separation. Property that is identified during this stage includes real property, vehicles, household furniture and furnishings,…

Equitable distribution is governed by North Carolina General Statute §§ 50-20, 50-20.1 and 50-21.  The only requirements to file an equitable distribution are that you must be married to the person you are filing the claim against, and you must be separated from that person.  Furthermore, your equitable distribution claim must be pending (filed) before…

It is possible to settle your equitable distribution claim in several ways, with the most common being either by a voluntary agreement, typically referred to as a Separation Agreement and Property Settlement or by filing a lawsuit in court. While it is generally cheaper and quicker to settle things voluntarily by agreement, you should still…

After a separation from your spouse, the process of identifying, categorizing, valuing and dividing the property acquired during your marriage and your existing debt is known as equitable distribution.  Property that is subject to an equitable distribution includes real property, vehicles, household furniture and furnishings, bank accounts, investment accounts, annuities, retirement accounts, business interests, cash,…

Under limited circumstances, it is possible to waive your alimony claim.  One scenario is if the spouses enter into a premarital agreement that expressly bars the payment of alimony upon separation.  Another scenario is when a judgment of absolute divorce is finalized before the dependent spouse fails to raise his or her claim for alimony.…

North Carolina General Statute § 50-16.4 provides that the dependent spouse may recover his or her attorneys’ fees in both post-separation support and alimony cases.  This statute provides that the supporting spouse may have to pay the reasonable attorneys’ fees incurred by the dependent spouse. This provides a strong incentive for the supporting spouse to…

An alimony award “may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party.”  North Carolina General Statute § 50-16.9. Examples of scenarios that constitute changed circumstances include job loss, disability or illness, obtaining a higher paying job or any other factor that significantly…

In North Carolina, adultery affects the award of alimony differently depending on whether the adultery is committed by the supporting spouse or by the dependent spouse.  If the dependent spouse committed adultery during the marriage and before the date of separation, then the court is prohibited from awarding alimony to the dependent spouse unless the…

Alimony terminates at the earlier of (i) the date set by the court for termination, if any; (ii) the death of either party; or (iii) the remarriage or cohabitation of the dependent spouse. However, regardless of how long the court orders alimony to be paid, even if alimony is ordered on a permanent basis with…

Alimony can be awarded on a periodic basis, which is typically monthly, or in one or more lump sum payments.  It can either be awarded for a specific period of time or can be awarded on a permanent basis (indefinitely).  The specifics of an alimony award will depend on the facts of the case and…