equitable division

Is Common Law Marriage Legal?

Published on: November 2, 2022 | On behalf of Arnold & Smith, PLLC

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

Marriage may be less popular today than it was decades ago. Back then, cohabitation was frowned upon and people were not likely to have children outside of marriage. Over the last 40 years, societal norms and conventions have changed and it is perfectly acceptable for couples to live together and even become parents outside of marriage. Many times, couples live together for a period of time before they get married. Other times, couples continue to cohabitate without ever taking marriage vows. While living together without formally getting married may suit a couple, it can make it more difficult if they decide to part ways.

Court of Appeals Rules on Distribution of Property in Divorce

Published on: September 12, 2018 | 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?”

Deciding to file for divorce in North Carolina can be difficult. Not only are you dealing with the emotional ramifications that might come along with ending a marriage, but you are also faced with dividing physical property between you and your soon to be ex-spouse. Recently, the North Carolina Court of Appeals ruled on a divorce case with some issues surrounding the division of marital property.

Divorce and division of personal injury awards

Published on: November 15, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

If you have been injured in an accident and made it through the sometimes grueling process of filing, fighting and winning a personal injury lawsuit, you may think that the hard work is done, you won the compensation you deserved and do not need to fear having it taken away. But what if you are embroiled in a divorce? Can the hard-fought personal injury award be confiscated by your soon-to-be-former spouse? To learn more about what happens in the event of a divorce, keep reading.

Equal division of assets may be thing of the past in some UK divorces

Published on: July 5, 2017 | 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?”

Though Brits and Americans diverge when it comes to their love of the Queen and tea, court cases, both criminal or civil, tend to be remarkably similar on either side of the pond. Given that the justice system in the US is based on British common law, this may not come as much of a shock. One area where the two countries have tended to agree concerns divorce, with courts in both countries going about things like division of assets in largely similar ways. A recent court ruling in London may mark the beginning of a divergence, at least as it relates to a certain segment of the population.

Judge In UK Decides One Man’s Genius Isn’t Enough To Alter Even Split Of Marital Assets

Published on: April 12, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

One of the most contentious issues in a divorce involves dividing a couple’s assets. As the process almost always reveals, people put a lot of stock in their possessions and often view the division, who gets what, as a kind of judgment of their contribution to the relationship. This is why in some cases it matters a great deal to one party whether they walk away with 45, 50 or 55 percent. Though the amount itself may not matter, the idea that their contribution has been appropriately acknowledged does.

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.

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.

When dividing property in a divorce, don’t forget about intellectual property

Published on: May 17, 2016 | On behalf of Arnold & Smith, PLLC

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

If you’re preparing for a North Carolina divorce, you likely know to take your house, cars, bank accounts and retirement funds into consideration before dividing assets. These are the kinds of things that everyone thinks about when they think of property. They’re tangible and easy to identify. While it’s crucial that these easier items be accounted for, it’s just as important to remember those more complicated bits of property, including intellectual property, as they can end up being very valuable down the road and can provide important income to fund your future.