# Settlement **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [October 16, 2005, 7:50pm UTC](https://forum.rosen.com/t/settlement/2580 "2005-10-16T19:50:13Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\ **Post date:** [October 16, 2005, 7:50pm UTC](https://forum.rosen.com/t/settlement/2580/1 "2005-10-16T19:50:13Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![misspepper](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@misspepper](https://forum.rosen.com/u/misspepper)\ **Post date:** [September 21, 2005, 4:07pm UTC](https://forum.rosen.com/t/settlement/2580/2 "2005-09-21T16:07:26Z")
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