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Lucinda M. Meeker v. James E. Meeker
Date: 01-02-2024
Case Number: 19CVD5145
Judge: Lawrence J. Fine
Court: District Court, Forsyth County, North Carolina
Plaintiff's Attorney:
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Defendant's Attorney:
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Description:
James E. and Lucinda M. Meeker ("Wife") were married in 1982, had two children by 1996, separated in 2009, and divorced in May 2011.
In. 2010, after separating but before divorcing, Husband and Wife entered into a separation agreement (the "Agreement"). The Agreement provided, among other matters, that Husband pay Wife spousal support of $7,577.78 each month1 until 2025 and that Wife waive any right to alimony in any subsequent divorce action. The Agreement also provided that, while each party was free to reside anywhere and with anyone (s)he "may deem fit or as each of them may desire[,]" Husband's obligation to pay spousal support would terminate prior to 2025 upon the "death, remarriage, or cohabitation" of Wife.
The Agreement and the trial court orders in this matter all refer to the monthly spousal support payments due under the Agreement as "alimony." However, the Agreement was never adopted by any trial court in an order. Accordingly, the monthly spousal support payments are better characterized as a contractual obligation (or "spousal support payments") rather than as "alimony." See N.C. Gen. Stat. § 50-16.1A(1) (defining "alimony" as "an order [by a court] for payment for the support and maintenance of a spouse or former spouse").
Meeker v. Meeker, 897 S.E.2d 115 (N.C. App. 2024)
Winston-Salem, North Carolina divorce lawyers in a marriage dissolution.
James E. and Lucinda M. Meeker ("Wife") were married in 1982, had two children by 1996, separated in 2009, and divorced in May 2011.
In. 2010, after separating but before divorcing, Husband and Wife entered into a separation agreement (the "Agreement"). The Agreement provided, among other matters, that Husband pay Wife spousal support of $7,577.78 each month1 until 2025 and that Wife waive any right to alimony in any subsequent divorce action. The Agreement also provided that, while each party was free to reside anywhere and with anyone (s)he "may deem fit or as each of them may desire[,]" Husband's obligation to pay spousal support would terminate prior to 2025 upon the "death, remarriage, or cohabitation" of Wife.
The Agreement and the trial court orders in this matter all refer to the monthly spousal support payments due under the Agreement as "alimony." However, the Agreement was never adopted by any trial court in an order. Accordingly, the monthly spousal support payments are better characterized as a contractual obligation (or "spousal support payments") rather than as "alimony." See N.C. Gen. Stat. § 50-16.1A(1) (defining "alimony" as "an order [by a court] for payment for the support and maintenance of a spouse or former spouse").
Meeker v. Meeker, 897 S.E.2d 115 (N.C. App. 2024)
Outcome:
Affirmed in part, vacated in part, and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Lucinda M. Meeker v. James E. Meeker?
The outcome was: Affirmed in part, vacated in part, and remanded.
Which court heard Lucinda M. Meeker v. James E. Meeker?
This case was heard in District Court, Forsyth County, North Carolina, NC. The presiding judge was Lawrence J. Fine.
Who were the attorneys in Lucinda M. Meeker v. James E. Meeker?
Plaintiff's attorney: Click Here For The Best Winston-Salem Divorce Lawyer Directory. Defendant's attorney: Click Here For The Best Winston-Salem Divorce Lawyer Directory.
When was Lucinda M. Meeker v. James E. Meeker decided?
This case was decided on January 2, 2024.