Such thing as ever and forever statement

I used Rosen Law back in 2010 and have been paying alimony for the past 11 years of a12 year commitment. I have a Separation Agreement and Property Settlement. Have been granted a Judgment for Absolute Divorce. Now that I have a year left, do I need to worry about her coming after me for more alimony or support for any reason after the 12 years? I heard about something called “ever and forever” that if that specific statement is not in the separation agreement she can go after me after the 12 years fore more alimony or support?

In the alimony section of my separation agreement there is a specific subsection that says:

“The provisions for the support and maintenance of Wife shall not be modified or changed except by further written agreement duly executed by the parties as outlined herein Article 4, subparagraph 4.12.”

The subparagraph is titled Amendment, and goes into more detail about this alteration or amendment of the Separation Agreement generally saying there must be mutual agreement to make temporary modifications from time to time but this agreement shall be binding upon the parties as written.

Do I need an attorney?

No. Since your alimony terms are in a separation agreement, alimony cannot be extend past the termination date, or in your case, 12 years. Your ex-wife would be unable and unsuccessful in attempting to extend alimony.

There is no such thing as an “ever and forever” statement. I have never heard of that - it does not exist.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you so much for the fast reply. A huge weight just got lifted off me.

1 Like