Alimony - Separation Agrmnt

Dear Cindle:

Greetings. My answer is that NO, I would not let any client of mine sign off on that language. If you do not settle alimony with an amount and duration in a separation agreement, you must file a court action for alimony prior to the entry of a divorce judgment. Also, if you don’t get an amount of duration and wait awhile, you may not get any alimony when the court looks at it, since it is primarily need based, and not requesting it sooner may look like you don’t need it. Best of luck…AND PLEASE SEE AN ATTORNEY about drafting your agreement for you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

If two parties fail to negotiate alimony, is the following a valid statement in the separation agrmnt?

Wife does not wave the right to alimony, but agrees that it would not begin until such time as a divorce is finalized. She further agrees to allow either a mutually chosen mediator or a Civil Court Judge to set this amount and its duration at the time a divorce is granted, unless the Husband wishes to negotiate prior to the divorce