Greetings. Separation in North Carolina is the date that you both start living separate and apart and at least one of you has the intent that the separation will be permanent. Now, let’s say that he leaves for 6 months, tells you he intends the separation to be permanent, comes home for 1 week, and leaves again. In my scenario, unless there has been language about reconciliation between the two of you, I think it will be hard for you to say that you are reconciled by him returning to your home for one week. No, if he comes back for one day, that does not mean that the separation has ended. Yes, by going overseas you are living separate and apart.
My suggestion is that you sign a separation agreement with him that obligates him to provide medical insurance for your benefit for the remainder of your life, that way he will likely not file for divorce prior to the twenty years of service, since it would mean that he would have to pay your insurance out of pocket. Thank you.
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
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.