Separation Agreement & Spousal Support


#1

My husband & I have decided to separate due to irreconsilable differences. He’s staying in our house because I can’t afford to make the mortgage payments and he has a son from his 1st marriage living here(he has joint custody). When I leave the house at the end of December, will I be allowed back in to get my belongings or will I be considered as abandoning the home? I’m unemployed, unable to work and he’s always been the supporting spouse whos employed by the military for 20 yrs. He’s refusing me any monitary support and said I cannot get any from him even if I had a lawyer because he’s taking care of his son and pays the bills. What rights do I have with regard to receiving support from him? I need to begin this separation process on my own with no income to hire a lawyer. Are there any FREE Separation Agreement Forms online that are legitimate that I can fill out myself? Can it be included in a Divorce Claim after the 1 yr separation is complete? Is Equitable Distribution a part of a Separation Agreement? If we have only been married 5 years am I even entitled to support or anything at the end of this marriage? I’m confused about how to proceed and need to get this information together by mid December when I leave NC. Please give me your suggestions. Thank you.


#2

While your leaving is not considered abandoning the home, your moving out and living elsewhere does give your husband the exclusive right of possession, and you will need his permission to return to the home.

You may be entitled to alimony despite your ex’s expenses, if he has the ability to pay you something, he will likely be ordered to do so. You can also be awarded your attorney’s fees in seeking support from him. Based on the length of your marriage you could very well be entitled to support, and you are also entitled to one half of all the property acquired by the two of you over the last five years.

Some folks to attempt to do Separation Agreements on their own, and there are example agreements, including one on this website. The issue of doing a Separation Agreement on your own is not how you assemble the document, it is the advice you receive along the way. It is important to consult with an attorney prior to signing any document which affects your legal rights and obligations.

Separation agreements can be incorporated into a final divorce decree, however depending on your unique situation, it may or may not be in your best interests to have the Agreement incorporated.


#3

Thank you so much for your information. Is there any way I can hire a lawyer and have my s2bx billed the fees and retainer before drafting a Separation Agreement? Does he have to be present to complete this agreement or can he just read and sign it if he agrees to the content? If he disagrees with any of the content what step will I need to proceed with?


#4

No, attorney’s fees are either negotiated for as part of a settlement, or are awarded by the court in certain circumstances.

It is not necessary for a spouse to participate in drafting an agreement, reading and signing the same before a notary are sufficient to make the document a binding contract.

If your spouse is not in agreement with the terms you propose you will have to negotiate, or file suit in court.