Abandonment claim

North Carolina Divorce Law Divorce and Separation Answers
1

PSS is generally based on the income of both parties and their financial need. If you make less money than him and you are dependent on your spouse to meet your expenses, then generally you would be entitled to alimony. You can find some additional information regarding alimony by looking at the information located under the alimony/support tab at the top of this page. I cannot tell you if you specifically would be entitled to PSS without meeting with you and reviewing the facts of your case.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

My husband and I separated in February 07’ when he deployed overseas and mind you, we had discussed separating in the months before he went overseas. I tried to work out things out amicably with regards to drawing up a separation agreement that would be fair and reasonable, but he refused to agree to anything that we managed to discuss in our exchanges. He returned to the U.S. at the end of June 07’ and threatened to cut me off financially unless I talked to him and came up with an arrangement more to his liking. To make a long story short, upon the advice of my attorney, I filed an ED complaint against him in July and in response to my complaint, he claims that I abandoned the marriage and made his life burdensome and is asking the court to grant me NO post separation support or alimony. What are the chances that the court will grant his request and deny me PSS and alimony? We were both eligible to file for divorce as of yesterday, but we are scheduled to go back to court on Feb 27th for a PSS hearing, which is now in its 4th setting. Also, at the time of the ED filing, we were married for 16 years and 11 months, but we did not have any children.