The decision to separate or divorce is never easy. The parties involved will experience a mixture of emotions and confusion. Despite the number of concerns that may cross your mind when going through divorce, there are 3 top issues that most of your concerns will stem down to: Property, Spousal Support, and Children.

Property: Regardless of the length of your marriage, it is likely that you and your partner have incurred debts or bought property. In North Carolina, generally any asset obtained or debt incurred by either spouse between the date of marriage and the date of separation is subject to property division through the Equitable Distribution process. Anything defined as marital property or debt is generally divided equally regardless of the title owner on the item of property. There are a few exceptions to what can be defined as marital property, such as an inheritance. However, even the exceptions have exceptions. Therefore, you will want to go through each item of property and debt with a family law attorney to figure out what is subject to distribution.

Spousal Support: Financial support provided for the benefit of a spouse is referred to as spousal support. In North Carolina, there are essentially two forms of spousal support: Postseparation Support and Alimony. Unfortunately, there is no calculator in North Carolina that helps predict exactly how much a Court would order for Postseparation Support or Alimony. Rather, the Court will take into consideration various factors for both forms of spousal support to include each spouse’s standard of living, income, ability to earn an income, and necessary expenses. Adultery or other forms of marital misconduct are also factors that can come into consideration in spousal support matters. Postseparation Support or Alimony are differentiated and separated from the financial support for the benefit of minor children, which is referred to as Child Support.

Children: Child Support is addressed alongside Child Custody. In contrast to spousal support, there is a calculator to compute Child Support in North Carolina. The main factors included in this calculator include the number of overnights each parent has with the child, the incomes of each parent, any insurance payments for the benefit of the child, work-related childcare costs, and any extraordinary expenses for the child.

In addition to Child Support, there is the consideration of how much parenting time each parent will have with a child and which parent will make decisions regarding the child’s welfare. Physical Child Custody refers to which parent will physically have the child in a scheduled manner. It is important to remember that parents can always mutually agree to adjust parenting time to accommodate the specific circumstances of the parents and the child at any given time; however, a parenting schedule by formal Agreement or Court Order should be created as a last resort to ensure the minor child has valuable time with both parents. In contrast, Legal Child Custody refers to which parent is able to make final decisions for the child’s welfare, such as which school the child will attend or which doctor will treat the child.

To develop an appropriate property distribution, to calculate the appropriate financial support, and to obtain a parenting arrangement that is in the children’s best interests, our Modern Legal team is here to help. 

Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country. 

Written by: Theresa E. Viera