Marital Home and PSS


Dear argent:

Greetings. Depending on a plethora of factors, it is possible that if your ex’s new husband and your ex separate that she may be entitled to alimony and post separation support. I have no idea what each party earns, what the prenup says, etc. etc. so I can only speculate at best.

Yes, it may be the case that she will have to move from the marital residence, but it depends on a number of different things … how much equity exists in the house, who’s name the house is in, etc.

Most separations do not go through the courts. The majority of couples settle their disputes by negotiating a separation agreement without ever filing a lawsuit. Each settlement negotiation is different, but it is generally a three (3) month process once one of the parties starts to negotiate with the other spouse for a separation agreement (and assuming that attorneys are involved).

That is the best I can do for you on this hypothetical question. I would talk to your ex and see if this is a possibility in the near future and ask her what her plans are and if she plans to return to the workforce soon. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.



I’m an ncp of two elementary-age children. My exwife remarried fairly recently. She quit her job after marrying and is a full-time homemaker and thus I believe a “dependent spouse” of her new husband. She signed a prenup before her new marriage. Her new marriage has not produced any children.

Can you tell me: If my ex’s husband files for divorce, and has not committed marital fault, is it likely my ex will be awarde pss?

Also, will she be allowed to stay in her marital residence with our children, even if the marital residence is solely in her husband’s name? Will the court order her eviction as part of the divorce process / ed? How long will that process take?

I’m concerned that after a divorce, my exwife will have no assets and no income other than my child support payments, and that this will adversely affect our children. My xwife and our children enjoy a high standard of living now.

I appreciate any thoughts you can share in this matter. Thanks!