Some General Questions

North Carolina Divorce Law Divorce and Separation Answers
1

Ok, So after 17 years of Marriage, my wife and I are looking into the posibility of seperating.
My wife hasnt worked in 12 years. She is very bipolar and has fibromyalgia. Both of these conditions make her eligible for SS Disability,but, she will not follow through with the application process,saying it makes her feel worthless. This leaves her totally dependent on me for support. I have recenlty had surgery and have racked up some very healthy medical bills. I cant afford to support two households at this point due to this mountain of medical bills. I have NO problems with the idea of helping my wife. I would help with her support during the seperation, I have no issues with that at all.
Here is where my questions start.

  1. Can we be legally seperated and still reside in the same home? Like I said, I cant support two households at this time.

  2. Could my wife be required to follow through with her SS disability application until she was approved? This would take some of the financial strain off and make things easier to maintain two households

  3. Her portion of our health insurance is over $900 monthly. Mine will be going up substantially in June when we renew due to obamacare and my having had cancer. Are there any options as far as me covering/not covering her insurance. This is one of the BIGGEST financial burdens we deal with. It’s more than our mortgage every month.

As an aside to this. She has moved into a seperate bedroom and set it up with everything short of kitchen equipment and said she has no intent to move back to the marital bedroom.

Any input would be appreciated

2

Not a lawyer…

Can answer #1 - Living in the same household does not constitute separation…One of you will need to move to a different residence.

3

( NOT AN ATTORNEY)
Just like the previous comment you receieved, you are considered separated after one of you maintains a different residence.
I do have a suggestion - Is your wife aware of your desire to separate/divorce? If so and she agree’s how about a separation agreement?
As for the assumption you have about SS Disability, Don’t assume the illness you described automatically qualify’s her for disability & payments.
However, if she can possibly qualify, it would be in her best interest to try. This could be a life long and important income to her.
Additionally, No court can force her or anyone else to sign or complete an application for disability.

4

Living in the same house does not constitute physical separation.

You cannot force her to file for disability. She needs to understand that this is the only way for the parties to separate.

You have no legal obligation to cover her, but if she is not covered and she incurs medical expenses, those will be marital and the hospitals/doctors can seek repayment from you. It is best to have an agreement on the issue of medical expenses before you drop her from coverage.