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Pretrial stipulations binding in equitable distribution dispute
The North Carolina Court of Appeals partially vacated an equitable distribution order, holding that the trial court improperly disregarded binding pretrial stipulations concerning certain marital assets and applied the […]
Premarital home remains separate despite marital contributions
The North Carolina Court of Appeals reversed an equitable distribution order after concluding that the trial court misclassified a premarital residence and inadequately valued a marital business. The […]
Unequitable distribution of marital property can’t include non-economic factors
The trial court erroneously considered improper non-economic factors in determining an unequitable distribution was equitable in a division of marital property, the North Carolina Court of Appeals has ruled, vacating […]
Non-economic marital misconduct cannot justify unequal equitable distribution
A trial court improperly relied on non-economic marital misconduct when determining the equitable division of marital property. The North Carolina Court of Appeals vacated and remanded an order awarding an […]
Failure to value passive stock growth requires remand
The North Carolina Court of Appeals vacated and remanded an equitable distribution order after concluding the trial court failed to properly address and value the post-separation passive appreciation of a […]
NC Court of Appeals partly affirms, vacates child support ruling
NC Court of Appeals partly affirms, vacates, and remands child support case, requiring lower court to recalculate support and clarify children’s overnight stays.
Equitable distribution order remanded for necessary party
While the service of process to a husband in an equitable distribution case was proper, the trial court‘s order was null and void due to the absence of a necessary […]
Appeals Court remands for corrected distribution calculation
An equitable distribution order should be reversed where the trial court ordered the distribution of the husband‘s sole and separate property and incorrectly calculated the sum for distribution, the North […]
Domestic Relations – Equitable Distribution – Distributional Factors – Inheritance
On remand from a prior appeal, this court instructed the trial court to make findings of fact regarding the defendant-wife‘s inheritance from her father. The trial court erred in its […]
Domestic Relations – Equitable Distribution – Classification & Valuation – Partnership
Tax returns indicated that the defendant-husband had a 60-40 partnership with his father and that he took no post-separation capital distributions; however, the trial court could believe the husband’s testimony […]
Domestic Relations – Equitable Distribution – Classification – 529 Savings Plan – First Impression
Our state’s 529 Savings Plan criteria say that plan participants “retain[] ownership and control over the Account,” and that their children, as the account beneficiaries, have “no control over any […]
Domestic Relations – Equitable Distribution – Post-Separation Debt Payments – 2013 Amendments – Alimony
Since the defendant-husband‘s post-separation debt payments on a gleaner combine were made in 2015, they are subject to the 2013 amendments to the equitable distribution statute. Thereunder, post-separation debt payments […]
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