Equitable Distribution

In a rare move, Supreme Court agrees to hear divorce case

Published on: March 22, 2017 | On behalf of Arnold & Smith, PLLC

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

When you think of Supreme Court cases, you typically imagine the big ones, cases like Brown v. Board of Education or Miranda v. Arizona. Though it’s true that the Supremes usually only involve themselves in the bigger disputes, there are times when they choose to wade into more run-of-the-mill matters. A recent case argued before the court illustrates just that and concerns principles of equitable division; more specifically, how pension payments are divided during a divorce.

QDRO: The Forgotten Divorce Penalty

Published on: January 24, 2017 | On behalf of Arnold & Smith, PLLC

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

A recent article by Bloomberg dived deep into the world of post-divorce finance. It’s a subject that few people understand and even fewer are interested in learning about. Though dull, it can be quite important, especially when fees start to add up. Specifically, the article discussed a common charge that some in the family law world have dubbed the “divorce penalty”. What is it? A QDRO.

Pets as property?

Published on: December 29, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

A recent divorce case in Canada dealt with the thorny issue of what to do with a pet after a divorce. The couple in question had three dogs and the wife had asked that she be given custody of all the pets, but requested that the judge grant visitation for 1.5 hours each week to her ex-husband. Though this might seem like a fair compromise, the judge presiding over the case took the opportunity to clearly lay out why he believes courts have no business intervening in such matters.

New Hampshire Court Issues Landmark Divorce Ruling

Published on: November 29, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

If you’re preparing for a divorce it’s a fact that things like the length of your marriage can play a role in how assets are divided and how much alimony is awarded. Courts care about time because they want to be sure that long-lasting relationships are valued and that potential scams or quickie marriages aren’t rewarded with hefty settlements.

Can your spouse make millions from your wrongful incarceration?

Published on: October 20, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What happens when a person’s income is not guaranteed and fluctuates from year to year”.

Everyone knows it can be contentious trying to reach a mutually agreeable divorce settlement. The parties often have completely opposite interests and view the divorce division of assets as a zero sum game. Given this competition over finite resources, it isn’t surprising to see couples bickering over even minor assets, making sure in each case that they are getting their fair share.

Dividing legal awards in a North Carolina divorce

Published on: July 26, 2016 | On behalf of Arnold & Smith, PLLC

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

One of the most difficult parts of a divorce can be agreeing to an equitable division of marital property. There are many components of the financial pie that need to be accounted for, including the house, the cars, the bank accounts, retirement funds, stocks, bonds and personal property. Another asset, and potentially a valuable one, that many people may not think of are legal judgments, specifically personal injury awards and settlements. In some cases, these can be worth hundreds of thousands of dollars and represent a sizable share of a couple’s assets. The question is, are these judgments marital property or do they belong to the injured party? To find out more, keep reading.

The Devil’s In The Details

Published on: April 7, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

They say it’s important to remember to dot your “i’s” and cross your “t’s”. This advice is especially true in the family law world, where seemingly small mistakes, such as those in final divorce decrees or settlement agreements, parenting plans or financial disclosures can come back to cause serious problems. This point was driven home quite clearly in a recent case out of New York where a sugar executive must now fork over millions of dollars thanks to a simple mistake involving paperwork.

Elon Musk Prepares For Second Divorce From His Second Wife

Published on: March 24, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I’m considering separating from my spouse; what actions should I refrain from doing?”

The billionaire founder of PayPal, SpaceX and Tesla will soon find himself among a small group of incredibly eligible bachelors. That’s because his current (and former) wife, Talulah Riley has recently filed for divorce. The filing took place last week in a Los Angeles Superior Court and, should it move forward, it will mark Musk and Riley’s second divorce.

My Wedding Is Off. Who Gets to Keep the Engagement Ring?

Published on: March 22, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

Societal tradition suggests spending three months’ salary on an engagement ring. WeddingWire just released its 2015 Newlywed Report indicating that the average cost of an engagement ring is $4,758—not cheap. In the event of a broken engagement, either party could probably think of plenty of other uses for the value of such an expensive asset. Further complicating matters can be if the ring is a family heirloom.

Dividing Social Media Accounts In A Divorce

Published on: March 15, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Are overtime, bonuses, and commissions included in calculating child support?”

Most people have heard of divorces that turn nasty as couples fight over bank accounts, retirement funds, homes and even furniture. In a surprising turn of events, social media accounts now appear to be worth fighting over. This recent development supports the claim by some family law experts who say that divorce in the internet age will require rethinking the way property is divided, including drafting social media clauses to insert in settlement agreements.