Your situtation requires some legal research into the possiblity of setting aside your separation agreement based on the idea that you and your spouse reconcilled before you stopped living together. If the agreement is set aside then you may have a claim for alimony.
You need to hire a lawyer and have the document reviewed along with a complete review of the facts of your situation and the law.
Do not delay. You must deal with this issue prior to the divorce.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCdivorce.com
(919)787-6668
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.
For all of this to make any sense I will have to give you some background information. My husband and I have been married since Nov '95 and we separated Oct 1, 02, during this time he has lived with me in our jointly owned house for approx. 6 months in the basement. We did the separation agreement on our own without an attorney (now realizing that was a big misstake). He got his own apartment in June of this year. He has during this whole time been giving me very mixed messages regarding working things out or go ahead with the divorce. I wanted to work things out, but he was the one to initiate the separation agreement. During that time I was confused and was probably thinking that everything is going to be fine so I did not ask for alimony. However he has been helping with the mortgage some but not a lot. During the time he was staying at the house with me he did pay half, but since he has moved out he has only been giving me $350 towards a mortgage of $950.
A few days ago, me and a friend found my other so-called best friends car outside his apartment in the middle of the night. I called and told my so-called best friends husband that she was at my husbands apartment. He called her and she lied and said she was at home. I also know of 2 other occations where they both have been staying at some other friends house. She is now also filing for separation from her husband, that she has been married to for 3.5 yrs. Her separation happened during a quick 2 week time period. She later confessed and said that she had been over there but just because she was soooo sad and could not stop crying.
Now my husband will not talk to me until the divorce is finalized, because of what I did. Of course he is saying they are innocent and that they are just friends.
I feel cheated and taken advantage of during this time when he has been nice to me and played with my feelings. I am suspecting that he might have called an attorney anyways and have just been playing nice this whole time so I would not ask for alimony.
What can I do? Can i change the terms of the separation? Is he allowed to date during the separation period? It does not specify that in the separation agreement. Please help!