Statesville North Carolina Legal Blog

In North Carolina and across the country, a growing number of Americans are filing for divorce later in life. When people think of a couple deciding to legally separate, they may imagine young people with or without children. However, even as the divorce rate has held steady or declined for most demographics across the country, that rate has increased significantly for older Americans. Since 1990, the divorce rate for people 50 and over has doubled while that same rate has tripled for people 65 and older.

There are a number of factors that could contribute to the growth in later-in-life divorce, dubbed the "gray divorce revolution." In the first place, divorce is much more socially acceptable than it was in the past. In addition, many people have seen divorce operate within their own families. For example, the daughters of divorced parents are 60 percent more likely to end their own marriages while the sons of parents who split are 35 percent more likely to do so themselves.

For people in North Carolina who will finalize their divorces in 2019, the impact of the new spousal support tax rules could have more far-reaching effects than they realize. The Tax Cuts and Jobs Act, passed in December 2017, put in place a significant change in how taxes will be handled in relation to alimony payments for all people who finalize their divorces after 2018 comes to an end. The changes have pushed many people to move to finalize their marital splits before the end of the year in order to retain their eligibility for the existing system.

Under the changed procedures, the payer of alimony will no longer be able to deduct the payments from his or her taxes. In the past, this deduction provided a significant impetus to encourage more generous spousal support payments while providing a tax benefit, especially for wealthy couples going through a high-asset divorce. In addition, the recipient of alimony will no longer need to pay taxes on the funds.

A North Carolina State Highway Patrol trooper was accused of driving while impaired after he was arrested on July 21. Two law enforcement officers took the man into custody after they found him in the driver's seat in his vehicle on a street in Wilmington. However, a spokesperson for the Wilmington Police Department said on July 27 that the trooper is no longer facing charges.

The arrest occurred at about 3:30 a.m. on Princess Street in downtown Wilmington. The arresting officers, one with the Wilmington Police Department and the other a Sheriff's deputy, said that the dashboard lights in the man's vehicle were on when they detained him. However, the police who investigated the case determined that the vehicle that the man occupied was not in motion nor was its motor running at the time that the officers made the arrest. Accordingly, the charge against the 53-year-old man was dismissed. Police did not file any additional charges against the trooper.

Divorcing parents in North Carolina will need to create a parenting schedule for custody and visitation. It is important that parents make this schedule child-focused because it shows children that their parents are working together toward their best interests.

When creating the schedule, parents should think about what would work best for their children. They need to think about practical factors, such as how far apart they live and what transportation and the child's schedule are like. If the children have a regular child care provider, parents may want to try to keep that person to maintain a sense of consistency. Older children might want to help with the creation of the schedule. Parents should keep in mind that allowing their input does not mean they have to implement all of their suggestions. Finally, parents of children with special needs may need to take additional issues into account.