Dear lyadve,

You do not have to have a separateion agreement, but if you have any marital property, you will need to have an agreemen tto make sure your rights to marital property are properly preserved. Once you separate the income you earn is your separate property.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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.

Thank you very much for your answer.

What will happen if we will separate without an agreement? It would be just trial separation with possibility to get together later. What will happen with our incomes after moving out to separate residences? Will it still be material property?
Thank you.