Timing the Divorce

Their dad left us in 2009, when our son was 8 weeks old. We have a daughter, also. He had not wanted a divorce and I did not have the time or money to file. I am a full-time single working mom to a now 10 yo daughter and 3 yr son. Their dad is not currently working and lives with, and is supported by his girlfriend. The girlfriend was in the picture when I was pregnant with my son, but I was not aware at the time. Since you have to file for alimony first in NC, should I not wait until he is working again? He usually makes twice my income. Also, there may be an inheritance forthcoming in the immediate future. We have no legal separation agreement or child custody arrangement. He sees them approx 40 days out of 365… which weekend day works for him. What is my course of action? I have a negative budget. Is alimony significant? Our 12 year anniversary just passed even though he does not live with us; we are still legally married. He somehow has money to go on vacations and dinners while my children and I decide on what peanut butter sandwich recipe to use. Our vacation is to sit outside while I cut the grass that he left me with.

Yes, you need to have a claim for alimony pending at the time your divorce is granted. Whether you are eligible for spousal support may be in controversy since you have been separated for 3 years and haven’t pursued a claim. You should speak with an attorney in your area to determine what your course of action should be.