More gneral and ED questions

North Carolina Divorce Law Divorce and Separation Answers
1

Again, thanks for responses–

  1. When remarking that a properly executed SA could be “plead in defense” at trial (assuming I was sued for divorce after the SA was signed),does that mean a trial would be unneccessary or dismissed in that case(assuming nothing substantive had changed)?

  2. If a Bankruptcy court doesn’t decide what someone can afford to pay (alimony, child support), if BR is neccessary, does one then go back to the divorce court to decide this issue?

  3. My specific (former) question about Federal retirement benefits concerns those other than social security–i.e., defined contribution and other benefits. Is there anything about the fact that they’re in the federal retirement benefit system that precludes them from being considered in ED? If they are considered in ED then, as I understand it, I am entitled to the
    future value of those amounts contributed to spouses’ own plans during the period we were married, once spouse retires and begins to collect them (unless I agree to give that right up in exchange for something else–I understand I’d probably have to formally sign those rights away
    in order to “exchange” them).

                                                                                               Thanks
2

A separation agreement is not plead in defense of an actual divorce, as that is the lawsuit necessary to dissolve the bonds of matrimony. An agreement can be plead in defense of a claim for equitable distribution or alimony if those issues are settled permanently via the agreement. It may be necessary to have a trial to prove the validity of the agreement.

Alimony is based on the income and expenses of both parties, child support is based on the incomes of the parties and insurance and child-car expenses. These issues are decided by the family court if the parties cannot reach and agreement.

Defined contribution/benefit plans are divisible under Equitable Distribution. The portion that is subject to distribution is the portion saved (and matched) during the marriage. Any savings accrued after the date of separation are not divisible.