If you do not make an application for alimony by the time the divorce is final, you may not make an application for alimony.
Alimony and ED are separate items in the court of NC. They do not have to be determined at the same time, the actions are separate, and will not be treated the same way nor do they generally influence the other.
All previous agreements stand until altered by a court.
Divorce has been final for a year. Alimony and ED have been filed. HE is currently paying child support and spousal support according to a PSS hearing before the divorce.
Courts in North Carolina will not make a determination of Alimony prior to a determination of ED, however ED and Alimony may be determined simultaneously. The reasoning behind this rule is that property distribution will affect your needs, as well as your ex
Thank you.
So, if I am awarded the marital home and my income has stayed the same ( I am in the same job I have been in for 18 years) then I should be awarded enough alimony to be able to maintain the marital home and /or make provisions as to who pays the mortgage.
I live in the home with 3 minor children.
We had a 21 year marriage and I was a dependent spouse for all 21 years. He committed marital fault with adultery. I did not.
Divorced for one year. PSS orders are 1 1/2 years old which spell out CS/SS. Recently went for modification (he initiated) which was denied by the judge.
Anyways, ED filed but not settled so we are now entering this phase. We have gone through discovery and have all credits and debts listed and I will enter an agreement to divide them 50/50. Ex husband refuses any agreement which does not include property and alimony together. We had a long term marriage and he committed marital fault and i was a dependent spouse. His offer of alimony is way less than what I feel a judge would give me.
He will not settle ED out of court if it does not contain info to settle alimony. IF/when we go to court for ED, will the judge only look at property division or will he tie the two together? Or, will permanent alimony be a separate hearing?