My question is when the judge reserves in the divorce decree the right to alimony and post separation support what do you ask for on the relief request? I understand you can’t ask for post separation after the divorce. I asked for retroactive post separation support, emergency temporary support and permanent alimony. I’m unsure if I used the correct terminology being that I am self-represented. My divorce was in August of 2022. I reopened the case of October 2025. My ex-spouse abandoned the marriage plus some other things. I am unable to work I have no income for the entire year of 2025 due to medical illnesses I ended up on public assistance and trying to obtain help from my ex-spouse. Please advise, thank you.
The claim for alimony must be filed prior to the entry of the absolute divorce judgment in order for the preserve the right to pursue alimony.
If your claim for alimony was filed prior to the divorce judgment being entered, then you can calendar your claim for trial, issue subpoenas, serve discovery, etc. as you have a valid claim.
You cannot get alimony if the claim for alimony is filed after the divorce judgment is entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thank you for your response. I’m trying to understand because they reopened the case. I have the motion to revive and motion for temporary support hearing next month. Do you think I have a chance? I lacked legal counsel during that time and didn’t understand my rights at all. I didn’t purposely abandoned my rights. The judge did reserve the right for here pss and alimony. However I didn’t file before the divorce decree, I just recently filed motion to revive pss and alimony along affidavit of good faith with a list of reasons why couldn’t file and evidence to back up those reasons. I thought I had up to three years to file after the divorce under rule 60b medical illness
Anaphylaxis
Panic attacks
Mental health crisis
Deaths in the family
Lack of transportation
No attorney
Financial hardship
Extreme stress
The absolute divorce can be filed at any time after one year of separation and after all other requirements for absolute divorce are met.
As long as the claim for alimony is made prior to the divorce being granted, then the alimony claim is preserved for further hearing. This is the same for the claim of equitable distribution (property).
I am unable to determine your likelihood of success without a consultation and full review of the court documents.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.