Having relations while separated?


#1

Dear april_hunt74:

Greetings. I think your question is if the husband and wife are separated, husband is paying wife post separation support and husband and wife have sex? I doubt that the husband would file a motion to dismiss the post separation support based on one incident of sexual relations. Have I got your question right?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

Well, they wife is trying to get the husband to come “visit” her, constantly calling him, telling him if he visits he can have some of his property still at the marital residence. If they “visit” can he file to get the support dropped since they would be resuming relations?


#3

Dear april_hunt74:

Greetings. No, I don’t think he can get the support dropped simply because he visits her and they “resume relations.” Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

If two people are separated and there is post separation spousal support being paid, if the two people have sex is that grounds to get it dismissed?