Should you get divorced before the end of 2013?

If you are just starting to think about getting divorced, and you live North Carolina, then you are pretty much out of luck to get divorced in 2013, or 2014 either for that matter. The process to get divorced in North Carolina is a long one, and starts with getting separated from your spouse. Once you have separated, you must remain separated for at least one full year. After you have been separated for one […]

Taxes and Divorce in North Carolina – 5 Things you need to know

Taxes and Divorce have been a frequent topic of discussion during the Family Law Intensive Seminar that I attended today and yesterday in Charlotte.  In addition to taxes and divorce, there has been much discussion of business valuations, custodial evaluations, alimony experts, etc. Going to CLE’s like this always gives me lots of great ideas to talk about and share legal tips and information with my readers. Not surprisingly, whenever there is a small business […]

Alimony and Taxes in North Carolina

Alimony.  Taxes.  People cringe and the thought of either of these topics, and here I am, writing about both in the same blog post.  I represent a lot of people who are either seeking alimony from their spouse or are going to have to pay alimony to their spouse.  The issue of taxes and alimony is an important one, regardless of whether you are paying or receiving spousal support. For instance, if you are fortunate […]

How to divide a pension in a divorce?

I got a great question today in my Ask a Lawyer Section.  The question was this – “In North Carolina is a spouse entitled to half her husband’s pension? If so, when does she get it and is it considered income when considering Alimony and Child Support?” Here is a quick synopsis of this difficult and complex area of family law – one that even a lot of lawyers have a hard time understanding because […]

What does Alimony really cost?

This morning I took part in a training call for some software I use to help me calculate different alimony scenarios for clients.  What is great about the software is that it allows my clients to see what effect taxes will have on their alimony payments.  If you are receiving alimony, many people forget that they will have to pay tax on that income.  On the other hand, if you are the supporting spouse that […]

What if my spouse dies before our divorce is final?

It’s a difficult situation, to be sure, but it is a fact of life that your soon-to-be ex-spouse may conclude your divorce proceedings earlier than expected if they pass away while the divorce is pending.  It is not common, but what do you do if this happens to you? First of all, you have to remember that if you haven’t agreed to any property division in writing, than it will be as if you are […]

How to divide retirement assets in a divorce

I came across a good article today that outlines how different retirement benefits could be divided in the event of a divorce. Here is a brief rundown of some of the topics discussed: What to do before you divorce – Get a copy of the summary plan description from the employer How to split up 401(k) and IRA balances – We recommend you do a percentage split rather than a straight dollar split, because of […]

How Health Care Reform will Impact your Divorce

One of the big issues that always comes up in cases where divorcing couple is older, or where one party to the divorce is an unemployed homemaker, is health care.  In these situations, it is typical for both husband and wife to be insured together under a group plan from the employer for one of the spouses.  Where one spouse has stayed at home for many years raising the children (typically, but not always the […]

Taxes and Divorce

As tax day has now come and gone, it probably would have been better for me to have written on this topic several weeks ago, but as I was hard at work on my own taxes, I didn’t get a chance to!  So, perhaps you will come across this post in 2011, before you file your 2010 taxes…  I came across this article from the Equality in Marriage Institute, which I felt was helpful.  Here […]

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