Kennedy Law Associates
COVID-19 UPDATE: Kennedy Law Associates remains open to serve the legal needs of our clients, and for consultations with potential clients, safely via teleconferences, Skype, or Facetime. Let’s all stay healthy and safe.

Tips for older couples who are divorcing

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.

If alimony payments are part of the agreement, the payer might carry a life insurance policy. This ensures that the other spouse can still receive compensation if the payer dies. In marriages that have lasted for at least 10 years, a lower-earning spouse could draw on the other spouse's Social Security benefits after retirement. A retirement account may also be divided in a divorce, but it is important to understand its values and rules around division.

There are a few things to consider when looking at the value of a retirement account. One is whether there will be taxes on withdrawal. If the retirement account is a 401(k) or a pension plan, a document called a qualified domestic relations order must be prepared before it can be divided. Retirement funds might need to be rolled into an IRA. For some couples, having each partner take certain assets may be easier than dividing them. A lawyer could help a divorcing spouse through this process.

No Comments

Leave a comment
Comment Information
Contact Us

Tell Us Your Story

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

In Your Neighborhood

Are quality legal services available in your Charlotte neighborhood? Yes, our offices are located in Ballantyne, so you do not need to fight traffic driving uptown or deal with the inconvenience of paid parking decks. We are just minutes from the Ballantyne Corporate Park right off of I-485. An initial domestic consultation with Kennedy Law Associates is a positive step toward creating a roadmap to a better future.

14835 Ballantyne Village Way, Suite 225
Charlotte, NC 28277

Phone: 704-512-0619
Phone: 704-369-5600
Get Directions