Question


#1

Dear Monika1:

Greetings. I really, really hate to hear about people signing agreements without an attorney and here is the prime reason. Your friend may have stuck himself to paying lifelong alimony in the amount of $1,800 per month. Now to answer your questions:

  1. A Separation Agreement may be amended, but the other party must agree to amend the agreement.
  2. Yes, you can track your own payments by paying by check or money order (or by bank records of direct deposit).
  3. No, alimony can go for different time limits and I do not believe that there is currently an average. The duration alimony lasts in an agreement depends on what the parties can negotiate amongst themselves.
  4. No, not unless the agreement says that he does not have to pay past 3 years.

Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
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

My friend is currently separated ffor almost 3 years now. He left the home because the marriage was was not a good one and he was unhappy. He currently is paying $1800 a month to this woman per a separation agreement he signed when he was angry (without an attorney). He still deposits these funds in a joint account held both he and she. He has appointment with an attorney this week to amend the agreement.

question 1- can the separation be amended at this time
question 2- is there and way he can track the money he has been paying, he does have his bank deposit slips
question 3- I understand regular alimony is approx 3 years, Is this correct. How long does alimony usually last in NC?
question 4- If it is 3 years can he have the money he has paid be claimed as payment in full?