Post separation and alimony


#1

Dear shell64:

Greetings. Post separation support is similar to alimony, but it is temporary support paid until a final alimony trial can be held. Also, fault cannot be raised by the dependent spouse unless the supporting spouse raises it first in a post separation hearing.

You have already filed for alimony (apparently, but check with your attorney), so the divorce can come and your claim will survive the divorce. Once you file in court for alimony, you preserve your claim in the event of divorce. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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

Does NC have certain time frame a person has to be separated before a divorce will be granted. I was told it was a year.

jane


#3

Dear bogiemad:

Greetings. You can file for divorce one year and one day after the date of separation. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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

Shell64 said that alimony claims should be filed prior to the end of the separation period? My partner has been separated almost 2 years with no separation agreement and papers are being filed this week, at what point is it too late to apply for alimony? Support is being paid for the children and is more than adequate. The dependent spouse does not wish to pay taxes on any alimony and so the money being paid is ‘child support’. If she decides she wants more money (which she does) what is she entitled to at this point? He has already assumed all her debts after she declared bankruptcy.


#5

Dear Ron:

Greetings. It is too late to file for alimony when the divorce judgment is entered. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.


#6

Is post separation and alimony the same issue? I had a court date for post separation and child support, I was put on “standby” the day we were supposed to go to court. I was “commanded” by his lawyer to appear in court at the specified time and date. Of course, it didn’t happen. I never had to go, my lawyer said she would call me when I was supposed to be there, giving me enough time to get to the court house from my job. It is my understanding that alimony issues have to be filed before the year and one day rule of separation or you may lose rights to the alimony claim. My question is, Is alimony and post-separation the same? My year of separation will be up soon and we have yet to go to court on anything. Always filing extensions or requesting more documentation. This has already been drug out for almost a year.