That is a tough situation. Have you spoken with an attorney?
There is no such thing as a legal separation in NC. There are separation agreements, but that is just an agreement between 2 people. Binding? Yes.
If your wife is living with someone and they are having sexual relations then she is breaking the law. Getting someone to prosecute her is another matter. This fact could be used against her though.
I agree, especially since the money you are paying for the home and car might be able to be considered post separation support. Read over the paper that you signed again, consult an attorney and find out your options. Even alimony stops upon cohabitation…
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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I agreed to a legal separation that requires me to make half of the house (I also own half) her monthy house payment and her car payment. I have done this for 6 months and it appears the house is not selling or showing…which clearly pleases her! In addition, I found out couple of months back that my ex was seeing a man a months before we separated and I (unknowingly, also signed an alienation of affection clause), clearly not knowing what she was up to there either.
My question is my divorce is not final until Decemeber, and these payments are budensome, especially since it is likely another man is living in my house I am paying on monthly. I have asked her to let me buy her out, and she refuses to do that,as well. I believe she may go after my retirement if I do anything, but the cost of this-just the house, is 1400,00 per month and the car is another 600.00.