You will need to have an attorney review your post-nuptial agreement to determine whether it is enforceable. North Carolina has no “legal separation” that you file for. You and your spouse can attempt to agree on the terms of a separation agreement, but if you cannot, you may file at any time after separation a lawsuit for equitable distribution of marital property and debts and for post-separation support and alimony, if necessary. You must be separated for a year before you can file for absolute divorce. If you don’t get property and/or support issues resolved by agreement or by court action prior to your divorce becoming final, you will lose your legal right to pursue division of assets and debts as well as support.
Lara Stanford Davis
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.