Can You File for Divorce Without Reaching an Alimony Agreement First?

If you’re in Raleigh, NC and thinking about ending your marriage, you can do so without first reaching an alimony agreement. However, if it’s possible to reach an agreement with the help of your divorce attorney before the final divorce decree goes through, that’s often going to make things easier.

How Divorce Works in Raleigh, NC

When you file the complaint for absolute divorce, you decide whether to include a claim for alimony at the same time. You can file the complaint for divorce alone and still preserve your right to seek alimony later, but only if you file a separate claim for alimony or post-separation support before the judge signs the absolute divorce judgment. Once that judgment is entered without an alimony claim pending, both spouses permanently lose the right to ask the court for alimony.

What Is Post-Separation Support?

Post-separation support is a temporary form of spousal support. The court can order this, and it will be in effect only while the divorce case is pending. It can begin as soon as you file a claim and show that one spouse is dependent and the other has the ability to pay. However, the courts will take into account “marital misconduct” on the part of either party.

What Is a Written Separation Agreement?

This is a private contract between the spouses that can cover alimony, property division, and other issues, and a properly drafted separation agreement can resolve alimony completely and keep those details out of the public court file. But again, you do not have to have that agreement before you file the divorce complaint. You can negotiate it afterward or let the court decide if you’re unable to come to an agreement.

When the Court Decides

If you and your spouse cannot agree on alimony, the court will hold a hearing and make the decision. North Carolina law does not use a formula or calculator. Instead, the judge considers numerous factors to determine whether one spouse is a dependent spouse who needs support and the other is a supporting spouse who can pay, and then considers factors like marital misconduct.

What Is “Marital Misconduct?”

Marital misconduct includes:

• Illicit sexual behavior with someone other than the spouse
• Reckless spending of jointly owned funds
• Concealing, destroying, or wasting assets you both own
• Criminal behavior by one spouse that led to their imprisonment (and thus involuntary marital separation)
• Cruel or barbarous treatment that endangered the other person’s life
• Excessive drug or alcohol use
• Willful refusal to provide for the household
• Abandonment or forcing the other spouse out of the home maliciously

Talk to a Divorce Attorney Today

To discuss your specific situation and protect your rights, reach out to us now at Gantt Family Law to request a consultation. We’re board-certified family law attorneys with a background in finance, tax, and investment banking and can help you understand how your divorce will affect your financial future. We serve clients in the Raleigh, Cary, Apex, Durham, and Sanford areas.

Tags: alimony, divorce, spousal support
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