Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Are overtime, bonuses, and commissions included in calculating child support?”
If you love your business as much as your spouse—or if you do not want to deal with the business complications that may arise when you divorce—you should convince your spouse to enter into a prenuptial agreement.
Attorney Matthew R. Arnold answering the question: “When do you get alimony?”
Real Housewife of Atlanta Kandi Burruss says that she learned a very valuable lesson about the importance of properly planning prior to marriage thanks to watching the dissolution of another reality TV star’s happy home. Burruss says that Real Housewives of New York star Bethenny Frankel’s acrimonious split from her ex Jason Hoppy sent a chilling message about the danger of not doing enough planning before getting hitched.
Some have complained about recent episodes of the Atlanta show where Burruss and her fiancé are seen arguing about the provisions in a prenuptial agreement. Burruss has insisted that her fiancé sign the agreement prior to marriage and has taken a lot of flak from viewers who see this as a cold decision.
Burruss says that watching how nasty a divorce can be convinced her of the importance of having a clear prenuptial agreement. She says that should her marriage with her fiancé Todd Tucker fall apart, he would never want to endure the kind of lengthy and hostile fighting that Frankel has engaged in with her ex. By having a prenuptial agreement that clearly spells out what will happen in the event of a divorce, Burruss says much of the mess can be avoided.
One particular provision of the prenuptial agreement received the biggest criticism from viewers. That section concerned a clause that required her fiancé to vacate the marital home within 30 days of either party filing for divorce. Tucker was seen on the show criticizing what he felt like was overly harsh language, saying that he didn’t feel like he should be thrown out on the curb in the event of a split.
Attorney Matthew R. Arnold answering the question: “Are overtime, bonuses, and commissions included in calculating child support?”
NeNe Leakes, a reality star famous for her role on Bravo’s The Real Housewives of Atlanta, says that viewers should take her situation as proof that everyone should sign a prenuptial agreement. The outspoken star recently remarried her ex-husband, Gregg Leakes, after going through a messy divorce only a few years ago.
NeNe was on a talk show earlier this week where she extolled the virtues of a good prenup. NeNe mentioned that prenups are not necessarily bad things and will never be used or spoken of again if a couple stays happily married. However, if things go bad they are great tools to avoid unnecessary and expensive bickering during a divorce.
NeNe said that she believed prenups were important because they can ensure that couples don’t have to waste time and money arguing over who gets the flat screen television, or any number of other assets. NeNe says that the first time she was married to Gregg the two did not have a prenuptial agreement. Now that she has already been through one divorce with the man she says she knows how he fights and was shocked to see how nasty the divorce process became. Now that she knows how dark things can get when the gloves come off, she insisted that they sign a prenuptial agreement the second time around.
NeNe also mentioned an important point about prenups, that the documents do not have to be viewed as selfish things aimed only at protecting the wealthier party. Instead, she notes that her prenuptial agreement clearly says that she and her husband will share their assets. As she puts its, “My prenup says share with Gregg. It’s just specific on how I should share with [him].”
Attorney Matthew R. Arnold answering the question: “What does uncontested divorce mean?”
The divorce of oil tycoon Harold Hamm has already been a dramatic affair. First there were the allegations of infidelity, then came news of secret audiotapes. Now that the case appears to be winding down, the issue that has everyone talking is the amount of the final settlement, forecasted to be among the largest in history.
Hamm, worth at least $11 billion, is preparing to divorce his wife of 25 years, Sue Ann. Though efforts have been made to keep the financial information quiet, experts have discovered that the two never signed a prenuptial agreement at the time of their marriage, meaning Sue Ann stands to profit handsomely from the arrangement.
Given that Hamm owns more oil than any other American, the fight for the money will be intense. The case has been a complex one, with one report of 50,000 pages of corporate information being turned over. The only issue that has been settled is that the case will move forward as “no-fault”, meaning the accusations of cheating will stay out of the remainder of the case.
Another issue that some experts believe has been resolved, and one that could prove critical to the size of the eventual settlement, is the date of separation. Though the issue may sound insignificant, in this case it could add several zeros to the end of any financial settlement between the parties. Harold Hamm previously argued in court filings that the date of separation was 2003, when the two parties filed for divorce on an earlier occasion and began sleeping in separate bedrooms. Sue Ann Hamm claims the date of separation was in May of 2012.
A recent press conference involving NASCAR racing legend Danica Patrick demonstrated, in a round about way, the benefits of a prenuptial agreement.
Preparing for the upcoming season with NASCAR, Patrick participated in a North Carolina media event hosted by Sprint. At the press conference, reporters brought up the racer’s recently filed divorce. Patrick made the move to split on January 3rd from her husband of seven years, Paul Hospenthal, a physical therapist. The two filed for divorce and in papers, said that the marriage was “irretrievably broken.”
Despite all the emotions Patrick must be feeling she remained unflappably calm during the duration of the press conference and appears to have no worries ahead of an important season. When asked specifically about the divorce and her personal life, Patrick said that she’s feeling good and has managed to stay happy during the past few weeks despite the breakup. One of the reasons for the relatively low stress may be the prenuptial agreement Patrick entered into with her husband.
Shockingly, almost no one expects the divorce to turn nasty. In fact, no attorneys are yet involved in the case. Patrick filed the papers herself and stated that she and her husband have a prenuptial agreement that they will be enforcing. Beyond that, both agreed that neither would ask for alimony, this despite the large amount of money Patrick earns racing cars and from sponsorship deals.
Patrick said that she’s remaining calm and does not believe the divorce will affect her racing in any way. Such an easy divorce in such a high profile relationship is rare and a testament to the value of a prenup. By settling difficult issues early on, the couple can now divorce in a way that causes the least amount of pain and emotional hardship possible.
Many North Carolinians come out of a divorce and vow to never be married again. The process was emotionally and financially draining and often leaves people broken-hearted or generally exhausted. Though this feeling can last a while, many eventually grow out of their concerns and may decide to make another go of it. If that’s the case for you, you need to be ready for some of the concerns that arise during a second marriage and understand the legal consequences of getting hitched a second time.
The first thing you need to realize is that as soon as you remarry, any alimony payments you currently receive will end. If you have any children from a previous marriage and they live with you, your child support may also be affected. This is because if your former spouse seeks a child support modification it’s possible that the court could include your new husband’s income when making the calculations.
If you’re getting older it’s important to note that you might also be giving up other forms of your ex’s money, such as Social Security benefits. Individuals who were married long enough to receive a share of their spouse’s benefits become ineligible for them if they remarry before age 60. This doesn’t mean you’re left out in the dark, as you may instead be able to collect benefits from your new spouse.
There are other legal restrictions to be aware of before remarriage, especially involving children. Many divorce settlement agreements contain clauses preventing parents from relocating, which may limit your ability to start a new life with a future spouse in a different location. If your agreement contains such geographic restrictions you may have to seek a modification and convince a judge that a move is in your children’s best interest.
When it comes to drafting a prenuptial agreement, outlining each partner’s expectations can be a healthy move to protecting your future and ensuring that your particular concerns are addressed. Heading into a marriage fully informed about each party’s assets and what will happen in the event that the marriage ends in divorce allows both parties to move forward with a complete understanding of what is expected of them. Though prenups are generally great things that serve a useful purpose, one recent article in the New York Post revealed some of the entertaining and downright bizarre demands that some people insert in their prenups.
One good example is an agreement that stipulated that there be no piano playing while the husband was in the home. Another said that the wife was not allowed to cut her hair. One New York City divorce attorney said that she’d worked on cases where the parties inserted language about living in a smoke-free household. Another of her clients insisted that a paragraph be added that said the parties agreed to go to the Rice Diet Program facility every year and another that banned TV from the house.
One agreement laid out a penalty system for personal infractions. For instance, if the husband behaved rudely toward his in-laws, a payment of $10,000 was required. In yet another case, one husband whose first wife was morbidly obese insisted that his second wife agree to terms that said if her weight ever exceeded 170 pounds, she would forfeit her $10,000 allowance. Given that what’s good for the goose is good for the gander, the wife had language added that said if the husband’s weight exceeded 240 pounds he would pay the wife an additional $10,000.
Charlotte Divorce Lawyer Blog