Long Separation


#1

In order for a court to order alimony, one of the spouses must file a lawsuit requesting alimony. If the lawsuit is not filed before entry of divorce judgement then the right to request alimony terminates.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

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

It doesn’t seem fair that alimony can be ordered after such a long separation.Would it matter if there’s been no sexual contact between us since 1988? I forgot to mention there are no childern involved.


#3

Dear sandman:

Greetings. Alimony is based on a number of factors: income of the parties, length of marriage, etc. Since she has not received support since the date of separation, and IF she has supported herself, then it would be hard for her to prove that she was a dependent spouse. Therefore, I don’t think it is likely that she will gain alimony, but anything is possible. Best of luck.

P.S. No, it does not matter for alimony when the last time you had sex. I have some clients that have not had sex with their spouses in excess of 10 years, but they still end up paying alimony. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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

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My and I have been separated since 1988.If we get a divorce will there be alimony/spousal support ordered?