Lincolnton, NC asked in Divorce for North Carolina

Q: 30 yrs,He offered settlement,verbally,wants me to leave,said NO ALIMONY

where do i start

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Cary, NC
  • Licensed in North Carolina

A: And the question is? How exactly is that your husband can dictate whether or not you are entitled to alimony? And I don't care what your husband says - you may or may not be entitled to alimony based on a whole lot of factors which you do not explain. Was there marital misconduct? If so, by whom? Marital misconduct by the wife will preclude her from getting alimony but alimony will be granted if the husband engaged in misconduct under your facts. If there is no marital misconduct there are fifteen other factors, including length of the marriage, in deciding whether to award or not award alimony.

Verbal "settlements" do not exist in NC. To be valid, a marital separation/settlement agreement must be in writing, signed by both parties, and notarized. Both parties should have the opportunity to consult with counsel and review before signing anything.

I would tell your husband to shove his offer in the trashcan but before you do, I would go and talk with a family law attorney who can specifically review your situation and advise you as to what you can expect. Presumptively, you would be entitled to 50% of the marital assets and some alimony depending on your circumstances, whether there is marital misconduct, your need for alimony and your spouse's ability to pay.

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