After 26 years of marriage, January 8, 2022, it will be a year that my husband left and separated. We just sold our house in November to avoid a foreclosure due to him not willing to help me pay for it. My question is even though we never had any agreement, verbally or written, is there still time for me to pursue alimony? He will be against it since he has always claim
his VA benefits cannot be touched. However, do I have to go through an attorney for alimony to be requested and decided? What happens to my benefits as a wife if I don’t use a lawyer; do they still exist afterwards such as for health insurance, pension or social security? I’m feeling the crunch now this year of separation is approaching. Please advise.
You can still file in court for alimony, but you must have an alimony claim at least pending before an absolute divorce judgment is entered.
His VA monthly income is counted as income to him and used to calculate an alimony award to you, assuming you are the dependent spouse and he is the supporting spouse.
You do not have to go through a lawyer to file a claim for alimony. You can file yourself and represent yourself.
If your husband provides your health insurance, then it will be cut off after the absolute divorce is entered as he cannot carry a non-spouse on his policy.
You will need to file for equitable distribution (must be at least pending prior to the absolute divorce judgment being entered) in order to have his pension divided. A pension is divided with a QDRO (qualified domestic relations order) which will divide the monthly payment once your husband retires.
You may still be entitled to social security benefits, even after divorced, as that is federal law and not changed pursuant to a separation and divorce.
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.
How do I file; what forms are needed? What is the risk factors for trying to pursue alimony without representation? Is this method a good chose eventhough he will disputed? What could I expect representing myself. I assume the judge would decide if I filed on my own. What is the process. Help!
You must file a complaint and include a claim for alimony, among any other claims. You can use our sample court complaint as a template to draft your own.
If you represent yourself, you will be expected to know the law in regards to the claim(s) you are filing. Be sure to check out our Alimony Page which has lots of articles and videos to educate you about an alimony claim in NC.
You and your spouse can settle alimony outside of court either on your own, with the assistance of lawyers, or at a mediation. If these efforts fail, then there will be a trial on alimony and the judge will decide the issue of alimony.
You may also be interested in our Rosen Online/DIY Divorce service. This is a continuous service that only costs $199/month and can be a great option to assist you in representing yourself without spending thousands of dollars to hire a lawyer. You will have access to a library of forms and a lawyer to answer your questions.
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.