Several Divorce Questions

North Carolina Divorce Law Divorce and Separation Answers
1

  1. If your right to receive these payments acrued during the marriage, or partially during the marriage. The portion of the payments that are due to your service during the marriage are marital. The same principle applies to your retirement benefits.

  2. This would mean your divorce is void. You need to file an answer to the divorce complaint and contest the date of separation.

  3. She will likely get custody of the children while you are traveling and you will likely get time with the children while you are not. The amount of time you get with the children will depend on the amount of involvement you had with the children before you separated.

  4. Generally, the spouse that makes less money pays support to the spouse that makes less money, however they must show a financiel need for the money. If she can meet her expenses at the same level that she did before the separation then she may not financially need alimony. If she has committed adultery and you have proof, then she has barred her right to receive alimony.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

My wife and I have been going through our separation. Through mediation, we arrived at an agreement in regards to child support, however we still have several outstanding issues. She recently filed paperwork for child support, alimony (PSS), and ED. Since she left the house that we shared I have possession of most of the property. My questions are as follows:

  1. I am currently in the military, but due to separate at the end of this month. I am entitled to separation pay through a bonus program…is this pay considered to be marital property? I elected to leave the service after our separation, but we were married nearly the entire time that I’ve been in the military. Also, as I am required to serve several years in the Reserves I am still eligible for retirement benefits (theoretically), is she also entitled to those benefits?

  2. In the papers she filed, she used June 2006 as our date of separation. We weren’t separated until at least November 2006 as this is when I left for my last deployment. I imagine her attorney was aware of this. What if any impact could this fraud have on my case.

  3. I have considered employment with a company who will require me to serve overseas approximately 50% of the time. Our custody agreement states that we share 50/50 joint legal custody. She has threatened to “get full custody” of the kids if I take the job before meeting her demands. What is the potential for her to take me to court and win if I take this job?

  4. She has been living on her own since approximately April 2007. At this point she is claiming that she cannot support herself and has demanded alimony. She committed several faults (in my opinion) including abandonment, adultry and frivilously spending money in the months that I was deployed. She is/has been supporting herself, is she still entitled to alimony/PSS?

I appreciate your response, thanks in advance.

  • Dave