What is the risk for a dependent spouse once a separated couple goes beyond the magic ‘one year’-separated mark? I understand that either can file for divorce. But if there is not a signed Separation Agreement yet, and there are still issues to work out with Property Distribution, retirement accts, child support & alimony, what is the procedure? Is the claim to alimony automatically lost?!
I am 14 months separated and so far my soon-to-be-ex has been giving me informal monthly support. We are trying to work things out but might need mediation. My lawyer has said NOT TO WORRY that we are beyond that magic 1-year date because IF my ex filed for divorce, we would have 30-60 days to reply, so I wouldn’t lose claim to anything. Is that true? I want to be sure I can’t lose my claim to alimony by being separated so long.