Settlement

North Carolina Divorce Law Divorce and Separation Answers
1

Dear misspepper:

Greetings. IMMEDIATELY SPEAK WITH AN ATTORNEY!!! If he obtains a divorce and you do not obtain alimony first (or divide up the marital assets) you lose your right to do so and if he stops paying the rent, there is nothing you can do.

You must divide up his retirement through a QDRO (a court order that divides up the retirement plan). You need to immediately file a lawsuit and/or obtain a signed separation agreement guaranteeing you alimony and the pension division. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.

2

I’ve been married for 38 yrs, separated for 11 yrs. (I’m 66 and he’s 64 yrs old.) My husband has continued to pay the monthly rent since he left. He is now seeking a no fault divorce. He says that the money he has been paying for my rent each month is my alimony. Would the courts see that his way too, or would I be entitled. to more alimony. I have never asked him for anything since he left. He also has a retirement plan (which is his only income) and I know that I am entitled to one half but, I don’t quite understand. Does he give me half his check or does the company for which he worked distribute my half. Any information will be greatly appreciated