US Legal Forms
Legal Resources
Questions & Answers
Divorce
Can I still request alimony after waiving my rights?

Can I still request alimony after waiving my rights?

Q: Is it considered adultery if you are separated?

In North Carolina, adultery can still be considered a ground for divorce even if you are separated. If one spouse engages in sexual relations with someone else during the separation period, it may be classified as adultery. This can impact divorce proceedings, especially concerning alimony and property division.

Full question:

My ex-husband and I were married 5 years and separated for the legal year required in North Carolina. We got a divorce in 2009. He pays full child support meaning anything our child needs, he pays for, it does not come to me in any financial form. I gave up rights for alimony because I thought I would be OK, working 2 jobs. With the 2 jobs, I make slightly under $30,000. I have gotten myself to the point of bankruptcy. I know I was stupid in not requesting alimony, but are my rights gone at this point and I just have to take my lumps?

Category: Divorce
Subcategory: Alimony
Date: 04/07/2025
State: North Carolina

Answer:

Waivers made by individuals who were not defrauded, coerced, or incapacitated at the time are typically irreversible. This is true unless you preserved the right to request support in your divorce agreement or if the court finds valid grounds to reconsider the waiver. It’s important to review your divorce decree carefully for any mention of spousal maintenance rights.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is spouse income considered in child support in NC?

In North Carolina, a spouse's income is not directly considered when calculating child support. Child support is primarily based on the income of the parents and the needs of the child. The North Carolina Child Support Guidelines provide a formula that takes into account each parent's income, the number of children, and other relevant factors. However, if one parent has a significantly higher income, it may influence the final child support amount.

How long do you have to be separated before divorce in NC?

In North Carolina, you must be separated for at least one year before you can file for divorce. This separation period is essential for the divorce process, and both parties must live separately without cohabiting during this time. After the one-year separation, either spouse can file for divorce without needing to provide a reason.

How long do you have to be married to get alimony in North Carolina?

In North Carolina, there is no specific minimum duration of marriage required to qualify for alimony. However, the court will consider various factors, including the length of the marriage, the financial needs of the requesting spouse, and the ability of the other spouse to pay. Generally, longer marriages may lead to a stronger case for alimony.

Is it considered adultery if you are separated?

What happens after 5 years of separation?

After five years of separation in North Carolina, you can file for divorce if you have not already done so. The separation period does not affect your legal status; however, if you have not divorced, you may still be entitled to certain rights, such as alimony or property division, depending on the circumstances of your separation and marriage.

What happens if you separate and never divorce?

If you separate and never divorce in North Carolina, you remain legally married. This means that you cannot remarry unless you go through the divorce process. Additionally, issues such as property division, alimony, and child support can still arise, as you are still considered married under the law. It's important to address these matters legally to avoid complications in the future.