Whiteville, NC asked in Divorce for North Carolina

Q: The guy im dating has been separated for almost 3 years. If we move in together will he be obligated to pay alimony

He will have to pay alimony if we move in together

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4 Lawyer Answers
Melissa Averett
Melissa Averett
Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: No. To be eligible to make an alimony claim you have to have been married.

Melissa Averett
Melissa Averett
Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: I just realized you were asking if you would have to pay alimony to his ex. Answering that question is much more complicated, and he would need to discuss that with a family law attorney. Alimony claims are based on a number of criteria, of which adultery is just one aspect, and not even a necessary one. A family law attorney could go over all of his options, including going ahead and getting divorced.

Adam Bull
Adam Bull
Answered
  • Asheville, NC
  • Licensed in North Carolina

A: Your moving in would have little effect unless she can show you were the basis for their separation. Alimony is based more on her need and his ability to pay than any marital fault, however your moving in may be a factor to trigger her actions.

Are they divorced?? Is there a separation agreement?? These may prevent any alimony claims.

Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: Likely not. If he isn't paying anything now, you and him moving in together likely won't change anything. So if he is using that as an excuse, he is either misinformed or lying to you.

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