Military divorce Multi question

Short details:
Active military spouse divorcing dependent spouse after 4 years separation and spousal support paid plus extras.
Dependent spouse actively choosing not to work despite having education obtained at expense of active spouse. Dependent spouse is cohabiting with father of child conceived during marriage separation.

  1. can active spouse be reimbursed funds used to mail dependent spouses belongings to them? Military would not cover because dependent spouse was not at current station and left on civilian flight military spouse also paid for.

  2. if a vehicle was purchased and given away by active spouse during marriage is it considered marital asset that can be divided even though it is not presently owned by active spouse prior to filing for divorce and dependent spouse was never on title or lien?

  3. if dependent stops cohabiting when brought up that it removes them from ability to get alimony…will that requalify them to request alimony? They are also currently using child’s father last name on public forums as of current.

(1) You can negotiate a reimbursement of costs to ship the other spouse’s belongings, but there is nothing in NC family law that would guarantee you get reimbursement or that would guarantee the other spouse being required to reimburse you.

(2) Assets subject to being divided are assets acquired during the marriage and not by inheritance and which exist on the date of separation. If the car was given away during the marriage and before the date of separation, then it would fall outside of equitable distribution.

However, the spouse that did not give the car away could argue and have evidence that the spouse that gave it away did so in bad faith, especially if it was done close to the date of separation, and so the other spouse could try to negotiate half the value of that vehicle back in their equitable distribution offer.

(3) Cohabitation is not necessarily a bar to postseparation support but it will terminate alimony. If the dependent spouse stops cohabitating prior to resolving the issue of alimony, then the dependent spouse would be entitled to alimony. If the dependent spouse resumes the cohabitation at any point before the alimony term ends and the paying spouse can prove the cohabitation, then alimony would terminate before its term expires.

Using the father’s last name on public forums does not, by itself, mean anything in regards to alimony, but it does help strengthen a cohabitation claim when trying to terminate alimony for that reason.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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