Property Distribution and Spousal Support

Marital Property Settlement

One of the daunting issues with divorce surrounds the division of marital assets and debt. Emotionally, it is not uncommon for the process to leave couples feeling financially vulnerable. The attorneys at NicholsonPham have found that understanding the property division process from a legal perspective can help to alleviate the stress and anxiety over this area of your divorce. Our family lawyers will help you explore the various options your family might have for property settlement and create a strategy which aligns with your goals for a happier future.

The legal terminology for property settlement in North Carolina is Equitable Distribution. Understanding the process of negotiation regarding the division of marital assets and debts can reduce the anxiety you may be feeling about property settlement in your divorce. With the guidance of an experienced family law attorney, many divorcing couples are able to agree on how their property is divided. But, even in the friendliest of divorces, repercussions from agreements that do not consider each element of the family’s financial picture can have an impact which lasts far into the future. Adequate investigation into a family’s holdings, benefits and debt load will ensure property settlement negotiations are approached efficiently, fairly and from an educated perspective.

When an agreement can’t be found through negotiation and mediation, the court will divide the marital property and distribute debts at a divorce trial based upon the evidence presented. Not surprisingly, the courts will take a very business-like approach to equitable distribution. In the event you and your spouse are unable to come to a fair and healthy agreement on property settlement, NicholsonPham can ensure the court’s understanding of your family’s financial portfolio is complete.

Post Separation Support and Alimony

In North Carolina, the General Statutes recognize two forms of spousal support, post-separation support and alimony. Post Separation Support is a temporary support mechanism intended to meet a dependent spouse’s financial needs during the pendency of divorce. Alimony is a post divorce support mechanism and might include considerations other than financial need. Unlike child support, when divorcing couples are unable to reach an agreement relative to spouse support, these decisions are discretionary. Courts have a broad range of powers for deciding these issues, though primary consideration is given toward maintaining standard of living. Issues like marital misconduct can be considered by courts where both amounts and length of awards are concerned.

Spousal support and alimony can be two of the most contentious issues divorcing couples face. The primary objective of alimony agreements should be toward maintaining the standard of living to which the family was accustomed for both spouses. An experienced divorce lawyer at NicholsonPham, knowledgeable in these areas, can help you efficiently resolve issues surrounding post separation support and alimony to help preserve your privacy through confidential mediation. In the cases where spousal support cannot be agreed upon, the family law lawyers at NicholsonPham are trial attorneys.