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One concern I have is that if you waive alimony now and live for a couple of years without it, it will be very hard to come back later and say you need it to live on.*
One concern I have is that if you waive alimony now and live for a couple of years without it, it will be very hard to come back later and say you need it to live on.*
*not a lawyer
There is no such thing as waiving alimony in NC. "Alimony" (or "Post Separation Support" as it's called here) is not a requirement. The only financial support mandated by the state is child support. If someone wants PSS, they need to make the case as to why they deserve it.
There is no such thing as waiving alimony in NC. "Alimony" (or "Post Separation Support" as it's called here) is not a requirement. The only financial support mandated by the state is child support. If someone wants PSS, they need to make the case as to why they deserve it.
Is it called PSS while separated? I know someone who is getting divorced in NC and is getting "Alimony."
Is it called PSS while separated? I know someone who is getting divorced in NC and is getting "Alimony."
Good example of why you need to speak to a real lawyer. Workingmom is getting Alimony and Post Sep Support confused. (Easy to do.)
To answer your question, PSS is temporary support paid prior to an award of alimony is finalized (aka spousal support).
The point I was trying to make is that if you waive alimony now, it may be hard to "make the case as to why (you) deserve it" later. The NC statutes are pretty vague, but at the very least you would need to be able to show you are a "dependent spouse".
Many lawyers will do a free initial consult...
Maybe that would be better than nothing...
The separation agreement is an agreement that will continue
after divorce. It isn't really just an agreement for the "separation" period..
That is why the things you both sign will most likely be permanent...
It is you both agreeing on how to handle property, finances, support and everything else...
I appreciate all the responses, and I will be seeking professional legal advice before I move out, but I did say I was hoping for reconciliation and not seeking a divorce at the present time.
I'm surprised no one has mentioned this...but perhaps it's time to ask the "adult" children in your home to show you some respect or move out on their own and see how things are in the real world. If they are not currently enrolled in school or college then they should be paying you room and board or move out.
Not having them living at home might also lessen the emotional stress and care responsibility on you so you can focus more on repairing the marriage. The pregnancy does complicate things, but there are solutions to ensure proper care of the mother and newborn without the primary responsibility of care falling on your shoulders which will only add further stress.
If you really want to reconcile the marriage, then stay and fight for it. Moving out is the first step towards giving up and walking away. Perhaps family counseling may help as well, but everyone has to participate with an open mind.
I appreciate all the responses, and I will be seeking professional legal advice before I move out, but I did say I was hoping for reconciliation and not seeking a divorce at the present time.
I would think that if you and your spouse get along well enough to hope for a reconciliation, you would be able to just sit down and discuss separation arrangements. Based on what you've posted so far, I doubt reconciliation is on the horizon. It seems like you are trying to completely blindside him, which how one goes to war -- not how one finds compromise.
I would think that if you and your spouse get along well enough to hope for a reconciliation, you would be able to just sit down and discuss separation arrangements. Based on what you've posted so far, I doubt reconciliation is on the horizon. It seems like you are trying to completely blindside him, which how one goes to war -- not how one finds compromise.
No disrespect intended, but you are way off. I am not trying to blindside my husband. I just want to protect myself should it become necessary to do so. I don't want to air our dirty laundry in public, so without knowing what is going on in our home you or anyone else really shouldn't be posting comments like that. We have not been able to discuss things without blame shifting occurring. We have tried counseling. I have done everything I know how to do including praying without ceasing, but sometimes a separation is needed to open one's eyes. I feel certainly we could sit down and discuss a separation agreement, and we most likely would agree on things, but my concern is if it's not in writing it is not legally binding should those agreements fall to the way side.
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