What if 12 months of Separation runs out


#1

Ok, weird scenario…but pls consider this: husband agrees to move out of marital home, and continues to pay his share of household bills while renting a room in another town. Both parties are able to discuss bills, household expenses, kid expenses, etc. with little or no drama. He comes back just about every weekend to see children (teens) and he does some minimal work (mowing lawn, cleaning gutter, etc). My question is this: what is the exposure to me (wife) when that 12-months of separation runs out if we do NOT have a signed Separation Agreement in place by then? I know he could divorce me after those 12 months are up, but does that mean he could walk away at that point without having to pay child support and/or alimony?
?
thank you


#2

Your right to seek child support doesn’t end when a divorce is granted, but if you do not have claims pending for equitable distribution, post separation support or alimony at the time the divorce is granted, you lose your rights to assert those claims.


#3

Thank You Kathleen!!
Just what I needed to know.


#4

You’re welcome. Glad I could be of assistance.


#5

I have a similar question about this. I have yet to get a separation agreement signed and our year and one day is quickly approaching. When the day comes that I file for the divorce, what can my spouse do to extend or stop it? I am trying to work this out, but the numbers, of course, are getting in the way. Extending this past the year time frame just to be separated makes no since either.


#6

Your spouse can seek an extension of time to answer the complaint for an additional 30 days from the date of service. Your spouse can also file claims for equitable distribution, post separation support and alimony so those claims are pending and the divorce can go through.