I am currently informally separated and in the process of filing for a legal separation. I recently went back to work part time after being a stay at home mom for the past 6 years. My spouse works full time. He is moving out of our home into an apartment. With my current income, I will not be able to afford living in our home without alimony/post separation pay and child support. In the process of dividing the assets, will the house have to put in my name and will I be required to refinance the house? Can alimony and child support be used in applying for a mortgage?
There is no legal separation to file for in NC. Separation in this State is the mere act of living separate and apart from your spouse.
If you wish to retain the home, you will likely have to refinance the loan(s) into a new loan or loans in your sole and separate name. Alimony and child support are intended to provide for yours and the children’s reasonable needs.