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Property Division Archives

Could my future spouse and I benefit from a prenup?

To the question of whether you and your spouse could benefit from a prenuptial agreement, the answer is most definitely, "yes." It doesn't matter if either you or your spouse have any wealth, personal assets or income to protect. A prenuptial agreement creates an action plan if divorce becomes necessary. This action plan is an agreement about how you will carry out your divorce and the terms that will be applied to issues relating to asset division, alimony and more.

Prenuptial agreements: They just make sense

Prenuptial agreements make perfect sense from a logical perspective, but what North Carolina couple enters their marriage believing it could eventually end in divorce? For most couples in love, the idea that they'll ever willingly part ways seems like an impossibility. Nevertheless, statistics tell a different story.

North Carolina and equitable distribution law

If you're considering divorce in North Carolina, you're probably starting to wonder what will happen in your property division proceedings. How will your assets be divided? Will you or your spouse receive more assets from the marital estate in your divorce?

What alimony-related records should the payer keep?

Paying alimony every month is not easy for an ex-spouse to do. Nevertheless, it's a legal requirement for ex-spouses to make their monthly payment obligations if the court has ordered it. In addition to making his or her payments, though, the alimony payer will also want to keep appropriate documentation of those payments and a variety of other information.

Will my spouse get part of my inheritance in our divorce?

Let's say your marriage has been on the rocks for the last five years, but you stayed together for financial reasons. However, you recently received a $2 million inheritance and now you have the financial independence you need to break free. The worry is: Will your soon-to-be-ex-spouse get to take half of your inheritance money?

A 50-50 asset split sin't always the way to go

It might seem fair to split your marital assets right down the middle, giving half to one spouse and half to the other. However, circumstances could be such in your marriage where this kind of asset split feels like it's anything but fair. Actually, a North Carolina court might feel the same way in your asset division proceedings and -- if you're trying to deviate from the equal split -- there is a possibility you could get what you want in some cases.

Financial tips for divorcing couples

When North Carolina couples decide to get a divorce, they don't usually know exactly what they're getting into. As such, some of the financial ramifications of asset division, child support and alimony can really take them by surprise. Those surprises could translate into financial troubles, so it is important for couples to speak with an attorney and financial advisor as soon as possible, either before or during their divorce process.

Who will get the family home in my divorce?

Home is where the heart is, and when your heart is aching during the process of going through a divorce, a safe and cozy home is so incredibly important. This brings up the very important question of who will get to keep the family home in your divorce. Unfortunately, there is no cut-and-dry answer to this question because it depends on you and your family's circumstances.

Separation Agreements: Don't Try This at Home!

First, a request; please don't use separation agreements you find on the internet. Self-drafted legal documents, whether templates or samples by people that mean well, create more problems than they solve. Even internet documents that look well-constructed are often fatally flawed, or even incomplete.

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