Alimony/ED question

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Golfball:

Greetings. If alimony is not filed for or agreed upon in a valid separation agreement, then it is waived at the time of divorce. You cannot request a right given to you by marriage if you are divorced. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

2

On the Rosen web-site (absolute divorce page), the following information is stated:
“Be sure you understand both of these rules before you file for and obtain your divorce. A judgment of absolute divorce obtained by the dependent spouse in an action initiated by him or her eliminates that spouse’s right to alimony unless a claim for alimony has been asserted and left pending prior to the judgment, either in that action or an earlier action. A dependent spouse who is sued for divorce and who wishes to obtain alimony must assert a claim for alimony in the divorce, or have asserted it in some other pending action prior to the divorce, in order to preserve the dependent spouses’s rights. “Pending” means that the alimony claim or counterclaim has been filed and has not been dismissed as of the date of entry of the divorce judgment.”

What is the source for this statement, either in statute and/or precedent?