Attorney or Not

Your wife could be entitled to post-separation support if she earns less than you do. Its never a bad idea to sit down and discuss settlement, however, I think you should talk to an attorney for a consultation before you do so. An attorney representing your wife is not allowed to give you legal advice.

Personal injury settlements are considered part marital and part separate. The recovery for lost wages and for the automobile is marital. The recovery for physical and emotional injury to your wife is her separate property.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 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.

After 14 months of seperation and 26 years of marriage my wife has filed for a divorce. She has never gave a reason for leaving the marriage and refused any financial support until 6 months ago.I am not happy, but it is out of my hands. She works and does have some health problems. I know she is in entitled to 1/2 of our assets, but she is also seeking post seperation support which I have a problem with. It seems unfair to be punished for being a faithful husband. Children are grown. She wants me to sit down with her attorney and resolve a settlement - is that wise or unwise? Do I need my own attorney? Is she intitled to post seperation support? 2nd - She was the victim of a rear end collision and settlement was under negotiation before she left but settled after she left - does that settlement play in the picture? Things would be easier if she would just come home. Thanks, Upset