Separated but staying in same house

My wife has asked for a separation, which i am willing to do, that will ultimately lead to a divorce. Out kinds have all grown and moved off now, and we both have known this was coming for a while, so there is no bitterness between us…

Due to the current housing market, income, etc. we are in agreement that i will live upstairs and she will live down stairs for at least the next year or so. I know for the purpose of a final divorce we can not live at the same address, and i know legally you cant “date”, but the marriage is basically over (just not on paper) the questions are:

Q1) can we still get a separation agreement for the property / assets / alimony establishment if we live in the same house?

Q2: she has indicated she may want to start dating in the near future. I cant say i am interested anytime soon, but if she/I do start seeing anyone else, its my understanding it would not effect the terms of the signed SA (i.e. alimony) agreement?


not an attorney…

Sounds like she just wants things over with, and if you are both agreeable and on the same page, there doesn’t seem like there will be any issues. You can both make up your own separation agreement if you don’t think there are issues lawyers need to work out with courts.


Thanks, I beleive my STBX and i can sort out and SA with out legal entanglements. But I have heard all the horror stories of how men are treated by the nc courts, so just want to be sure a SA would offer protection going forward (hence Q2)