Separation Agreement


In North Carolina, if a spouse does not file a claim for alimony or equitable distribution before a divorce judgment is granted, generally that spouse has lost the right to be awarded alimony or marital property. The key date is the date of the divorce judgment, though, and not the date of the one year’s separation. The one year period of separation is a requirement for filing for divorce.

David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

Thank You.

This is none of MY business–but I think you presented her with a very reasonable agreement. If my husband had agreed to terms such as that, we would not be going to court in January. He feels, if he’s not with me, he doesn’t have to help me–after 21 years of marriage–and the fact that I NEVER paid a bill before but the telephone, cable, groceries!!! Despite what anyone says, it sounds like a good agreement TO ME!!!


Hi, I have a question regarding separation agreements. I am in the process of drawing up an agreement with my attorney, but my wife has stated that she will not sign it when it is finished. The agreement is more than fair, with myself agreeing to pay the mortgage, electric, phone and provide her with transportation and pay her health insurance evey month which totals approximately 50% of my net pay every month. If she refuses to sign the agreement, does that mean that after our one year separation she has no recourse?? Thanks for your time. It is greatly appreciated.