Division of Assets and Alimony

North Carolina Divorce Law Divorce and Separation Answers
1

  1. Yes, everything that was accumulated during the marriage and is not an inheritance or a gift to you from a third party.

  2. It is likely she will receive some alimony, but that is based on many factors. The standard of living during the marriage was that she did not work and the court is likely going to grant her alimony based on that.

  3. As long as one person remains here then this court can retain jurisdiction.

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

Also, if there was adultry on her part you do not have to pay alimony. You might want to research about filing in TX since you are a resident there. Check all aspects, you may find one place better than the other.

3

I am married with no children for six years. Wife has never worked. I have provided for everything the whole marriage. She has a college degree from prior to the marriage and is healthy and able to work if she wants to. Obviously we live in North Carolina, I am military and am a resident of Texas, living in North Carolina.

  1. Is she still entitled to half of everything if we have no kids and she never worked?

2.Alimony? Is she entitled. I know it is hard to guess, but with her age, late twenties, and degree, and ability to work, would I have to pay her some?

3.If I file in North Carolina, do we have to live here untill divorce is final, or if I am planning to move can I move?