Articles Posted in Alimony

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

Tax reform has been in the news recently, with all sides of the political debate arguing about the best path forward. Some believe taxes are too high and need to be cut across the board. Others believe the cuts should be focused on lower and middle-income Americans. Still others are aiming the primary benefits at the wealthiest individuals and corporations. Which side will ultimately prevails remains to be seen.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”

It’s rare that spousal support cases make their way to the U.S. Supreme Court. The justices are usually grappling with weighty issues involving constitutional rights, but occasionally make time for less headline-grabbing matters. Recently, that’s exactly what the Court did, hearing and then deciding a small case with an even smaller amount of money on the line. Though the ruling won’t go down in history, it does clarify an area of confusion in the law and will bring certainty to a number of other military divorces.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

A recent article in the Chicago Tribune discussed the sad case of the divorce of the founder of the Cancer Treatment Centers of America. He and his wife have been embroiled in a dispute for more than eight years now and continue to fight about what share of the marital estate his wife is entitled to. The woman is asking for more than $400,000 a month in spousal maintenance, an astronomical sum to most people. One of her arguments supporting such a figure is the idea that taxes take a big bite out of what she’s already received and she needs more to comfortably pay her bills.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

When you make the decision to divorce, you might understandably believe that what once was a lifetime connection to your former spouse gets severed. Though it’s true the nature of your relationship will change in many ways, some official and legal, some not so much, it doesn’t always mean that you’re able to neatly part ways. In some cases, when a former spouse dies you might find yourself embroiled in issues you thought were safely in the past.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

Anyone with friends or family who have been through the process have likely heard how difficult divorce can be. Even putting aside the emotional toll (a hard feat to accomplish), the costs, time, uncertainty and bureaucratic difficulties of divorce can be overwhelming, especially to those with limited financial resources. Legislators in Illinois realized this and made a big effort to roll out a host of changes to the state’s divorce process. These new rules aim to simplify and streamline divorce and custody proceedings as well as standardize the approach taken to awarding spousal maintenance (also known as alimony) and child support.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

Divorce is tough for almost everyone, but the Stephensons are having a particularly long and tumultuous time of it—with an emphasis on long. The multimillionaire founder of private hospital network Cancer Treatment Centers of America and his wife are now in their seventh year of divorce court and have finally reached the trial stage after failing to reach a settlement privately.

Published on:

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

Courts across the country continue to grapple with last year’s same-sex marriage ruling from the U.S. Supreme Court. Though the decision altered the legal landscape nationwide, the Supreme Court left much of the implementation to the state courts, issuing a very broad decision. It is now up to the lower courts to work through the many challenges that decision will create.

Published on:

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “When do you get alimony?”

Ben Affleck’s appearance at San Diego Comic Con this past weekend to promote his upcoming film, Batman v. Superman:  Dawn of Justice, brought back memories of his previous attempt to portray a superhero on screen.  In 2003, Affleck starred as the masked vigilante Daredevil in a movie that was widely panned by critics and fans alike.  Overall, 2003 had to be a tough year for his fans; sitting through Daredevil, Paycheck, and Gigli within a twelve-month span would take its toll on anyone.

Published on:

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “When do you get alimony?”

 

Stay-at-home moms are facing a tougher road in divorce courts, as judges and state legislatures move to limit the both the amount of support payments and the period of time during which payments can be doled out.

Alimony Movie Poster Mecklenburg Divorce Lawyer North Carolina Child Custody AttorneyNew York City divorce attorney Morghan Richardson said judges are beginning to view women as having the same opportunities to earn a living as men. This thinking applies to stay-at-home moms—even those who may not have worked in a decade or two.

Just three-percent of persons receiving alimony in 2010 were men. While women made up the vast majority of those receiving alimony, they also outstripped men in many college and professional degrees, in some careers and, in some instances, in compensation.

With three-fourths of women now in the workforce and almost half of families led by a woman wage-earner, more and more attorneys and litigants are seeing homemakers seeking alimony admonished by judges who believe their decision not to seek employment was foolhardy.

Richardson said some stay-at-home moms “sometimes have a real sense of entitlement about the decision to stay home.” She said divorce judges, however, have little sympathy for women who quit their jobs to stay at home and raise a family. Some of those judges, Richardson said, are women who had to put their own children in daycare to work their way up to the bench.

Continue reading →

Published on:

Attorney Matthew R. Arnold answering the question: “How long does getting a divorce take?”

Though almost all couples exchange vows promising they will remain together ’til death do us part, many assume that divorce ends the eternal commitment. Sadly, in a number of states where permanent alimony laws remain on the books that is simply not the case.

A recent survey by US News and World Report found that permanent alimony laws still exist in several states, including New Jersey, Oregon, Vermont, Connecticut, West Virginia, Florida and right here in North Carolina. Thankfully a number of those states, including New Jersey and Florida, are currently considering some much needed alimony reform.
Charlotte Divorce Separation Lawyer Attorney Charlotte North Carolina 2.jpgIn fact, the Florida Senate recently passed a measure backed by the group known as Floridians for Alimony Reform, which would end permanent alimony. The measure not only ends the practice of permanent alimony, but would also allow for long divorced couples to reopen their divorce settlements and change long established financial arrangements.

The measure, which passed last month by wide margins, puts a cap on the amount of alimony that can be paid based on a person’s income. It also would allow the spouse paying the support to file a petition with a court to terminate or lower alimony payments when the paying spouse reaches retirement age. The law also includes protection in some exceptional cases where the spouse receiving the alimony is not able to support themselves due to some serious handicaps.

Continue reading →