Post Separation Support vs Equitable Distribution Claim


#1

Situation: 1). After date of separation, Defendant filed motion and had a hearing for Post Separation Support.
2). An Order was issued ordering Plaintiff to pay one half of all common expenses related to the ownership, maintenance and usage of all marital real property until such real property was sold (but did not order Plaintiff to pay Defendant any Support money. There are no children).
3). Plaintiff has not complied. Defendant wants to return to court and ask court to direct Plaintiff to fully and promptly comply with the Court’s previous Order.
4). Before that Motion to Show Cause could be filed it was discovered that there had never been a valid and proper claim for Equitable Distribution filed by either Party before the Court issued a Final Divorce Decree, (and because Final Divorce Decree has been issued, it is too late to file a claim for equitable distribution).
5). Defendant wants to move the Court to Dismiss both Parties’ claims for equitable distribution on that basis (that is, the basis that no valid and proper claim for equitable distribution has ever been filed by either Party, and cannot be filed after the issuance of a Final Divorce Decree by the Court). (see LOCKAMY v. LOCKAMY No. 9213DC827).

Question is - If Defendant does take that action (to request the Dismissal of ED Claims) and the court does actually dismiss the parties’ claims for equitable distribution, does that dismissal by the Court eliminate, or invalidate, the Court’s prior Order that Plaintiff must pay “one half of all common expenses related to the ownership, maintenance and usage of all marital real property, until that property is sold”?

Asked another way - As a part of a Civil Action for Divorce, are Court Orders regarding Post Separation Support dependent upon a valid equitable distribution claim having been properly and timely filed ?


#2

Your PSS claim is completely independent of your ED claim. The PSS order is valid regardless of whether any ED claim was ever filed.