# Durak **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [January 20, 2007, 9:06pm UTC](https://forum.rosen.com/t/durak/4070 "2007-01-20T21:06:20Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [January 20, 2007, 9:06pm UTC](https://forum.rosen.com/t/durak/4070/1 "2007-01-20T21:06:20Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![lyadve](https://avatars.discourse-cdn.com/v4/letter/l/f6c823/32.png) [@lyadve](https://forum.rosen.com/u/lyadve)\ **Post date:** [January 21, 2007, 8:00am UTC](https://forum.rosen.com/t/durak/4070/2 "2007-01-21T08:00:51Z")
Thank you very much for your answer. ---
**Author:** ![lyadve](https://avatars.discourse-cdn.com/v4/letter/l/f6c823/32.png) [@lyadve](https://forum.rosen.com/u/lyadve)\ **Post date:** [January 19, 2007, 10:21pm UTC](https://forum.rosen.com/t/durak/4070/3 "2007-01-19T22:21:43Z")
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.