In North Carolina, a married couple can enter into an agreement after they have separated. This agreement generally includes terms regarding the amount and length of payments for spousal support and/or alimony and also distributes the debts and assets of the couple. It usually saves money in legal fees once the couple files for divorce as all of the financial issues have been handled in the separation agreement. However, because this agreement is a contract it may not be valid if either person commits fraud or coercion, the agreement was signed under duress, or the terms were illegal.
Terrence Howard and his third wife, Michelle Ghent, entered into a separation agreement and it seems as though the agreement required that he pay spousal support. He claimed that he signed the agreement under duress because she "blackmailed him with threats of releasing naked photos and videos" if he did not sign.* The judge ruled in his favor and the separation agreement was deemed invalid as the two did not sign the contract on their own free will. Now the couple must either enter into a new agreement or prepare for hearings on each issue in the old agreement.
There are many "loopholes" to consider when drafting a separation agreement and calculating alimony and post-separation
support will require the assistance of an attorney so be sure to
submit any questions to my email below.
Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com
We assist clients in the following areas:
Orange County, NC
- Cary, NC
- Chapel Hill, NC
- Carrboro, NC
- Hillsborough, NC
- Mebane, NC
- Efland, NC
Durham County, NC
- Durham
- RTP
- Bahama
- Rougemont
* "Terrence Howard Wins Spousal Support War With Ex," by TMZ Staff, August 24, 2015, Accessed August 25, 2015, http://www.tmz.com/2015/08/24/terrence-howard-wins-spousal-support-fight-michelle-ghent-divorce/#ixzz3jr814NsK.
**Photo Credit: "Terrence Howard Is Secretly Divorced! Empire Star and Ex Mira Howard Ended Marriage in July," by
Brett Malec
Tue., Aug. 18, 2015 10:51 AM PD; http://www.eonline.com/news/687447/terrence-howard-is-secretly-divorced-empire-star-and-ex-mira-howard-ended-marriage-in-july, Accessed August 25, 2015.
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KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the
pictures listed above and all pictures are posted for illustrative
purposes only. You
do not become a client of Kisala Watkins Law Group, PLLC unless you
enter into a written agreement signed by you and an attorney at this
firm. Such agreement must also indicate the scope of the work that is to
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entered into by both parties. Any information provided is based on the
writer's understanding of North Carolina law and a consultation is
required to provide adequate legal advice based on your situation.
In North Carolina, a married couple can enter into an agreement after they have separated. This agreement generally includes terms regarding the amount and length of payments for spousal support and/or alimony and also distributes the debts and assets of the couple. It usually saves money in legal fees once the couple files for divorce as all of the financial issues have been handled in the separation agreement. However, because this agreement is a contract it may not be valid if either person commits fraud or coercion, the agreement was signed under duress, or the terms were illegal. 