Ask A Lawyer Question:
I chose to file for legal separation from my wife for various reasons. We have been separated for 2 weeks. In North Carolina a couple must be separated for one year before they can file for divorce. During the separation period will I need to pay alimony and/or do I have any financial responsibility to my wife?
Ask A Lawyer Answer:
In North Carolina, for a spouse to be entitled to post-separation support or alimony (temporary support) the spouse must prove that he/she is dependent on the other for support, the spouse has inadequate resources, and the amount is equitable considering factors under North Carolina Gen. Stat. Sec. 50-16.2(A).
A spouse is entitled to alimony if the spouse proves he/she is dependent and the other party is the supporting spouse, and the amount is equitable considering all relevant factors.
In your case, if your wife provides sufficient evidence of the foregoing, the Court could grant your spouse’s request for spousal support and determine the length and amount of the support to be paid by you to her.