Kennedy Law Associates' Blog

As people get older, their finances can get more complicated. For older couples in North Carolina who divorce, there are several potential complexities in the process of property division. One of these is calculating alimony. In addition to a salary, the individual who pays alimony may have additional income from an executive compensation package or stock options.

Since North Carolina is an equitable property state, assets are supposed to be divided fairly but not necessarily equally. Couples may want to try mediation instead of heading straight into the more adversarial process of litigation. After decades of marriage, it can often be difficult to determine what counts as separate and marital property. For example, inheritances are usually considered individual property, but if the inheritance has been mingled with marital property over the years, it could be classed as shared property.

Some mothers in North Carolina might not get custody of their children even if they allege that the other parent is abusing the children. This was one of the findings of a professor at George Washington University Law School. She examined over 2,000 child custody cases in which domestic violence, child abuse and parental alienation were factors and found that courts never affirmed a mother's claim of child abuse if they agreed that the father was facing parental alienation.

In cases where the mother alleged sexual abuse, only 1 in 51 claims was substantiated if the father also claimed parental alienation. Critics argue that children are being placed in abusive homes, and the Leadership Council on Child Abuse and Interpersonal Violence estimates the number is around 58,000 each year. In many cases, parents simply spend money on legal fees until they are out of money and can no longer appeal.

High-asset divorces in North Carolina and around the country often involve spouses with complex compensation packages, which can add an extra layer of complexity to property division and alimony negotiations. Disputes can arise over whether income that is prepaid, deferred or subject to clawback provisions should be considered marital property or included when calculating income for alimony purposes, and people who do not pay attention to these matters may find that large amounts of money are either counted twice or not counted at all.

Clawback provisions can be an especially thorny issue as spouses may argue that income that could be withdrawn should not be divided. When these bonuses are included in high-asset divorces, the settlement may stipulate that the person who receives the money must pay it back if the clawback provision is triggered. However, a further stipulation could state that repayment will only be required if the clawback was not the result of a voluntary act such as resignation.

Parents in North Carolina are given custody or visitation rights only if it is in the best interest of the children to do so. If there are concerns about a child's safety while with a parent, that person may lose custody or other rights. In some cases, parents may be restricted to supervised visitation after being accused of emotionally or physically abusing a child. Parents who believe that their children are in danger should collect evidence to back their assertions.

The results of a mental health exam may reveal that a parent is emotionally abusing a child. Medical records could reveal that cuts, bruises or other injuries were the result of being hit or otherwise physically assaulted by an adult. Parents should detail any past instances of physical or mental abuse that they or their children experienced. A judge may ask a child to talk with a therapist or take other steps to determine if he or she has been abused.