What if stbx will not sign a separation agreement

North Carolina Divorce Law Divorce and Separation Answers
1

My stbx and I have verbally agreed on terms: ED, Child Support, and Alimony. I am paying these items per our verbal agreement. She however does not want to sign a separation agreement. I am not sure of the reasons, whether she thinks I have secret accounts or what (or maybe she just enjoys having some measure of manipulation or control over me). My question: What happens if we reas 1 year and 1 day from the date of separation and she still has not signed. Can I go ahead and file for the divorce? If the divorce goes through, what are my obligations for Child Support, Alimony, and ED. For ED, we have already split everything up. For Child support, I am paying what the NC calculator says, and happy to do it. For alimony, what are my obligations of the divorce goes through and she never signs the sep. paperwork. Am I obligated to pay the amount we have verbally agreed upon and that I haqve been paying? or could I stop paying? Unsure if it will come to this but just wondering what would happen in that case.

Thanks!

RH

2

If you do not have a Separation Agreement prior to filing for divorce you must include a claim for Equitable Distribution in your complaint, otherwise you lose your rights to the same once the divorce is granted. A dependant spouse loses the right to make an alimony claim once the divorce is granted.

As of now you have no alimony obligation, and your voluntary payment is not deductible on your taxes. You are not doing your self any favors by voluntarily paying support without an agreement, and may stop at any time.

Child Support and Child Custody are not affected by divorce.