aprofessional1,
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
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.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.