Divorce vs Married Living Separtely

Do you have a seperation agreement? Is he going to try and go for Alimony? I don’t make substantial money, but my ex is not working because of a bad back, but since he didn’t contest and just said “whatever” I didn’t even ask. He was ordered to pay child support and of course hasn’t followed through. I would consult an attorney and get it straight, if you wanna divorce him. Even if you are required to pay alimony (which if he can work should be limited) you’ll know up front what your responsibilities are. Staying married, he can at any time decide I want this item, that bank account, etc and since he is still legally your husband there really isn’t too much you can do about it right away, it would have to be determined in ED. However you go about it, protect yourself.

Dear casporter:

Greetings. You can go to court and show that he has an earning potential (if it makes it to court), but it is likely that you will have to pay him something if he makes less than you, depending on how long you were married. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.

I have been living separate from my husband since April 8, 2006. I work full-time (making substantial money). He is not working and not looking for work. He has some medical conditions, but his doctors have not and are not palcing him on disability - he can work.

Here si my concern - to proceed to divorce the chances that I will be require to pay him support because he does not work or has medical cocnerns.

What is the precedent for this type of situation?