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The de-gendering of divorce: wives pay ex-husbands alimony too

On behalf of Breeden Law Office posted in Family Law on Wednesday, May 22, 2013.

Due to the changing roles of men and women during marriage, divorce and alimony are becoming de-gendered. Because women may be subject to paying alimony to their less lucrative husbands, more North Carolina women may be considering obtaining prenuptial agreements that set out favorable terms for successful women in case of divorce.

Approximately 40 percent of women who work earn more money than their husbands. Although women seem happy to shred old societal stereotypes that expected women to stay at home while men work, they are not happy about the possibility of having to support a husband if a marriage ends. However, even if women are not willing or content with paying alimony, they are inevitably becoming part of a movement that is degendering divorce and alimony. This stems from degendering traditional marital roles.

Mediation can be good alternative to litigated divorce

On behalf of Breeden Law Office posted in Divorce on Friday, May 17, 2013.

Making the decision to end a marriage is hard enough. However, that is only the first of numerous decisions. Perhaps the most important is whether to handle the divorce through litigation or mediation. Mediation is becoming more popular nationwide, including in North Carolina.

Litigation is the traditional adversarial process divorce of going to court, with each party presenting their side of what they want and the judge making the final decision. It often becomes a battle and can cost around $30,000. Mediation is a more collaborative approach involving the parties working together to find solutions to their disputes. In the end, the divorcing spouses forge an agreement that takes into consideration their way of life and desires. Moreover, it is not as expensive, averaging $5,000 or less.

CEO divorce shows North Carolina a different side of NASCAR

On behalf of Breeden Law Office posted in Divorce on Wednesday, May 15, 2013.

North Carolina's fascination with NASCAR recently took an unexpected turn in a personal direction when documents from NASCAR CEO Brian France's 2008 divorce proceedings were unsealed. The 1000+ pages of divorce documents revealed that Mr. France, who is used to living in the fast lane, has been slowed down considerably in recent years by his lengthy divorce from his ex-wife. The documents also revealed a lot of financial information that Mr. France has fought to keep out of the public eye.

Brian France had a net worth of more than $500,000 in 2005 as well as other assets such as several multi-million dollar residences and three corporate jets. The couple's divorce battles also included disagreements over child custody as well as allegations of harassment and reckless spending. The divorce documents indicate that the former Mrs. France will continue to receive alimony payments through 2017.

Supreme Court says states may limit FOIA requests to residents

On behalf of Breeden Law Office posted in Child Support on Sunday, May 12, 2013.

A recent Supreme Court ruling may be of interest to North Carolina residents struggling with custody issues that cross state lines. The Court upheld a state's decision not to provide information under the Freedom of Information Act to non-citizens. The Freedom of Information Act laws in Virginia only provide free access to citizens of the state and some members of the media.

The case arose from the divorce of one plaintiff who had attempted to get documents related to a child support issue from a child welfare agency. The state refused to provide the information because the father lived in another state. Had he lived in the state when he made the request, the information would have been given to him.

North Carolina couples should consider college during divorces

On behalf of Breeden Law Office posted in Divorce on Friday, May 10, 2013.

According to fiscal experts, those who get divorced before their children head off to college should set up a framework that makes it easier to save for higher education expenses. By creating such an arrangement within the bounds of their divorce settlement agreement, parents may have an easier time maintaining the level of communication needed to save successfully.

Divorece separation agreements that include stipulations for how much each parent will contribute to college savings on a yearly basis may reduce the financial burden on each individual parent. In addition, these agreements can help increase savings amounts by freezing current 529 plan accounts and similar college funds that parents had saved prior to separating. By going into detail about disbursal of funds, separation agreements also ensure that any leftover money saved goes towards something that both parents agree on, such as educating another child.

Suggestions for divorcing parents

On behalf of Breeden Law Office posted in Divorce on Friday, May 3, 2013.

Residents of North Carolina who get a divorce often end up going through an emotionally and financially tumultuous time, but if the couple has children, it is often even more trying. While parents who are getting a divorce will want to keep their children as isolated as possible from the situation, it is all too easy for frustration with a spouse to lead to putting children in an uncomfortable situation. Therefore, individuals with children who are splitting up should avoid badmouthing their spouse and focus on what is best for their kids.

It is very common during a divorce for people to try to get others to take their side. Unfortunately, if there are children involved, people may also try to get kids to take their side as well. While it may feel good in the short run to say negative things about a spouse to children, in the long run, it will only cause problems.

Should alimony be limited?

On behalf of Breeden Law Office posted in Divorce on Thursday, May 2, 2013.

North Carolina is one of a few remaining states where following a divorce, alimony may be owed until someone's death. There has been a recent effort by legislators in states where this is still law to limit the amount of alimony someone is responsible for, usually with the goal of basing length of alimony payments on the length of a marriage. One of the reasons that lawmakers support changing these laws is that following a divorce, someone who has been married for 10 years may end up paying alimony for 40 or 50 years.

One proponent of the change states that other forms of support, such as welfare and unemployment, have time limits and requirements for people to meet whereas alimony has none. For example, for someone to be able to receive unemployment, they must show that they are attempting to find work. With alimony, people will simply keep reaping its benefits with no effort or obligation on their part.

Unique dynamics in Supreme Court battle over child

On behalf of Breeden Law Office posted in Child Custody on Thursday, April 25, 2013.

The eyes of many North Carolina residents watched intently as the Supreme Court recently heard a case over the rights of adoptive parents versus the rights of single fathers, especially for Native Americans. A child's life and future hangs in the balance while the court makes their decision regarding this child custody case.

After one single woman decided to give up her child for adoption without telling the father, he unknowingly signed papers agreeing to relinquish his rights to the child as well. He was being shipped overseas by the military and thought that giving up a claim to his daughter would be best for her. However, he changed his mind almost immediately upon discovering the mother's intentions, and he sought a new lawyer that could help with his case. By then, the newborn had been adopted by a couple in another state.

Protecting assets from a spouse during a divorce

On behalf of Breeden Law Office posted in Divorce on Tuesday, April 23, 2013.

Residents of North Carolina who have a high-net worth or a large income may want to consider taking steps to protect their assets should they end up getting a divorce. While few people want to contemplate divorce if they are in a happy relationship, it can save them enormous grief and financial stress in the future. Some effective ways that individuals can protect their assets include drawing up a prenuptial agreement, setting up legal protections for a business and keeping finances separate.

In years past asking someone for a prenuptial agreement could be considered insulting; however, it is now fairly commonplace. Having a prenuptial agreement can often reduce or eliminate the amount of litigation required when a couple gets a divorce. Instead of having to go through costly and time-consuming court battles, property division is established and agreed upon by both parties in a marriage.

Reasons prenuptial agreements may not be enforceable

On behalf of Breeden Law Office posted in Divorce on Friday, April 19, 2013.

In March, prenuptial agreements made headlines when a judge overturned an agreement signed by a couple prior to their 1998 marriage. Many people, including North Carolina residents, had previously thought that it was difficult to overturn a prenuptial agreement at the time of divorce. There are, however, some things that may make a prenuptial agreement vulnerable.

First, a prenuptial agreement must disclose all of the assets of each spouse. If one spouse fraudulently hides assets, the entire agreement may be unenforceable. Second, if a spouse lacks mental capacity to sign an agreement, such as the agreement is signed when the spouse is ill or under the influence of drugs, or under duress, a judge may not enforce it. The agreement also must be in writing. Oral prenuptial agreements are invalid.

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