Proper seperation


Dear lostidentity:

Greetings. Let’s see if I can help:

  1. Probably not. You will be paying alimony though.

  2. Yes, the contributions to a party’s education or career succes is taken into account by the judge. No, they cannot “force” her to work, but the judge can order less alimony so that she gets the hint that working is not an option.

  3. Yes, she will be entitled to half of the equity and half of the debt.

  4. No, it is not likely that she will have to sell her vehicle even if you are willing to give her your vehicle.

You SHOULD NOT leave unless you have a separation agreement signed. 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.


My wife and I have agreed to seperate. She’s been a stay at home mom since our five year old was born. We’ve always discussed that she would start working once he started school which he did in 08/2004. She seems to be with the understanding that she can choose not to work or look for part time work and I’ll be required to supplement her remaining monetary needs 100%.

  1. Since I’ve provided the only income for the past nine years will I be expected to support her 100%?

  2. She did complete her Bachelors degree while I was supporting her, will the courts look at that? Can she be forced to work, or at least will they decrease alimony since she has the ability to work?

Also, we have a home with some equity but our debts exceed the equity, and the vehicle she drives still has an outstanding loan.

  1. Will she be entitled to any of the equity or will the full amount go towards our acquired debt?

  2. Can she be forced to sell her vehicle if I’m willing to give her mine? Or will the car payment atleast not be looked at when figuring alimony?

I continue to live at home. She prefers I leave asap but that I leave my paychacks direct deposited for her so she can remain there.

  1. Is this realistic on her behalf?

  2. Once I leave am I puting myself in a bad situation where I will not be able to return to my own house?

Your response is greatly appreciated/anticipated.