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The Stakes Are High: When One Spouse Seeks to “Block Everything”

The Stakes Are High: When One Spouse Seeks to “Block Everything”On October 10th of 2025, Carrie Elizabeth Romney died while divorce proceedings were still pending. A few months earlier, in June of 2025, her husband, George Scott Romney, had filed for divorce. According to the New York Post, George Scott Romney wanted to “terminate the court’s ability to award support” and, in doing so, make sure that the court could not award Carrie Elizabeth Romney any assets or alimony.

Unfortunately, attempts to block everything during a divorce are not uncommon. By understanding what happens when one spouse seeks to block everything – and speaking with a Charlotte divorce attorney – you may be better prepared to address the challenges that divorce can create.

Blocking spousal support and asset claims: Why a spouse might try it

Divorce is rarely easy. Some of this stems from the costs of divorce. And some of this comes from the emotional complexities that underlie most divorces.

If one spouse feels betrayed, they may try to block their spouse’s rightful claims. For example, if one spouse is emotionally hurt by losing their former spouse, they may try to avoid paying spousal support as a way to force them to experience the pain they are living with.

Even though one spouse can attempt to block the other spouse from receiving financial support and their rightful share of the marital assets, these attempts often fall flat due to the laws that govern North Carolina:

  • North Carolina relies on equitable distribution, meaning marital assets must be divided fairly.
  • To prevent a spouse from selling or wasting assets, the court may, in appropriate circumstances, issue a temporary restraining order or other injunctive relief.
  • Spouses can obtain financial information through required filings in some cases and through formal discovery, and courts can compel disclosure and sanction noncompliance.
  • You can be awarded postseparation support prior to a final divorce judgment, which can do two things: give you the financial support you need and help you obtain the post-divorce alimony arrangement you are seeking.
  • If a spouse hides assets or property, the court may consider that a distributional factor and order an unequal division.
  • The court can intervene and enforce asset division agreements in the event that your spouse is uncooperative.

Understanding separate vs. marital assets

In North Carolina, most divorces involve two types of assets: separate and marital. Per N.C. Gen. Stat. § 50-20:

  • Separate assets generally include property acquired before the marriage and certain property acquired by one spouse during the marriage by gift or inheritance.
  • Marital assets generally include property acquired during the marriage or before separation, and owned at the time of separation.

For example, a house owned before the marriage may remain separate, but marital funds or efforts can create a marital component.

To keep certain assets classified as separate assets, so that all separate property can avoid being divided as per North Carolina’s asset division laws, you may want to consider the following:

  • Gather documentation that proves a particular asset was acquired before the marriage or given only to you.
  • Use testimony to prove that certain assets are separate property, instead of marital property.
  • Obtain documentation proving that your separate assets were not commingled with the marital assets.
  • Work with an attorney who can help you prove that your separate assets are not marital assets.

The above shows that your separate assets are, in fact, separate and not subject to asset division. Failing to do the above can make it difficult to prove that an asset is separate, which may result in the court treating some or all of its value as marital property.

Mediation: Safe or risky?

Mediation is when a neutral third party helps divorcing spouses negotiate the terms of their divorce outside a courtroom. Doing so allows both spouses to reach their own agreements rather than leaving it to the court.

The most notable pros of mediation are as follows:

  • Mediation lets you and the other spouse create a customized settlement agreement.
  • Mediation tends to be a lot faster than litigation.
  • Mediation is confidential.
  • Mediation tends to be less expensive than litigation.
  • Mediation is in a neutral, private setting, which can be less stressful than a trial.

The most notable cons of mediation are as follows:

  • Mediation may not be appropriate if you need immediate court intervention, such as emergency support or enforcement.
  • Mediation requires both spouses to act in good faith, which isn’t always possible.
  • Mediation may not work if neither spouse can agree.
  • Mediation can lead to agreements that, if not properly documented or executed, may not be legally enforceable.

Every single one of these pros and cons should be kept in mind. They can make mediation very safe, but they can also lead to a less-than-favorable outcome.

If you decide to proceed with mediation, your mediation agreement should include the following:

  • A clear settlement agreement goes over the exact actions each spouse must take.
  • A clear overview of the payments that must be made and the assets that must be transferred.
  • A breach clause that goes over what happens if one spouse defaults on their obligations.
  • A ride-along clause available in certain business-ownership situations that allows the other spouse to sell their share in a business if the other spouse does.

What happens if a spouse dies before the divorce is completed?

In North Carolina, pursuant to N.C. Gen. Stat. § 50-20(l), a pending absolute divorce cannot be finalized after a spouse’s death. An equitable distribution claim, however, may still survive if the parties were living separate and apart at the time of death

This means that:

  • Creditors will be able to file claims against the deceased spouse’s estate. This can include medical providers and credit card companies, among other possibilities.
  • The surviving spouse will have inheritance rights, unless they were waived, which could result in them receiving some of the deceased spouse’s assets.
  • If the surviving spouse’s name is on retirement accounts or life insurance policies, they may be entitled to what is in those accounts/policies.
  • If the deceased spouse had a will, their wishes will be followed by the will. If they didn’t have a will, the process will abide by North Carolina’s intestate succession laws.

Court-ordered postseparation support or alimony terminates upon the death of either spouse. In some cases, a spouse who receives alimony may be able to receive assets that make up for the loss, but this is not always the case. Working with an attorney can help.

Contact a Charlotte divorce attorney

Divorce is complicated, expensive, and painful. The divorce attorneys at Epperson Law Group, PLLC can help. Use this form to contact a Charlotte divorce attorney.