Full disclosure

Is it state law for full disclosure? I have ask for all of our financial information over and over for months and they have not responded. I have. I have no idea of account numbers, actual balances or login information. I am doing they DIY though this firm. Is there a form to request full disclosure?

The charges they made on credit cards after they moved out are they considered in the ED as 50/50?

I have proof of infidelity and not just with one person. Is there a form for alimony request and how will that work if they make less than I do?

We had agreed on property distribution until they found out I had taken their name off my credit card. We have over 30k in credit card debt, non of which I have charged and I wasn’t aware of three of the credit cards as they had to of put my info on the application without my knowledge. Can this be used to reduce my responsibility?

Thank you in advance.

A husband and wife each have a fiduciary duty to the other to disclose all financial information in a divorce. If your spouse refuses to voluntarily provide his/her financial information, statements, etc. for a separation agreement, then you will have to file a court action for equitable distribution against him/her assuming you have already separated. Once a court action is filed, depending on your county, there may be local rules that require a disclosure of the information. If not, and/or if you need more information than the initial disclosures, you can serve your spouse with discovery requests (interrogatories, request for production of documents, etc.).

Charges made on credit cards after the date of separation are the separate debt of the spouse making the charges. Therefore, they are not included in equitable distribution.

There is no form for alimony but to formally request it, you would have to file a court complaint for alimony. If you make more than your spouse, you are likely the supporting spouse and he/she is likely the dependent spouse. So you would not be able to receive alimony from your spouse but you may be able to prevent your spouse getting alimony from you depending on the strength of your evidence of infidelity.

Marital debt, which is subject to being divided in equitable distribution, is debt accrued during the marriage for a marital purpose. If you were not aware of the existence of the debt, you may have an argument to avoid being responsible for it but it could depend on whether you received the benefit of the debt/charges on the credit card.

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.

1 Like