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Avoid Losing Alimony and/or Equitable Distribution Claims

Written by: Lloyd T. Kelso

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Posted over 2 years ago. Applies to North Carolina, 0 helpful votes, 0 comments

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Claims for Alimony and Equitable Distribution

Beware of handling your own divorce as you may lose valuable legal rights. It is important that spouses who separate be aware that they have certain legal rights, that if not asserted early, may be lost. For instance, a dependent spouse has a right to assert a claim for postseparation support and alimony against a supporting spouse, provided the claim is asserted in a legal pleading prior to entry of a decree for absolute divorce. Similarly, if the parties own marital or divisible property, a claim for equitable distribution arises when the parties separate, and if not asserted prior to entry of a decree of absolute divorce, the claim is forever lost. Therefore, parties should seek competent legal advice about making timely claims for alimony and equitable distribution of property prior to obtaining a decree of absolute divorce.

Do Not Obtain Divorce Until Claims for Alimony and Equitable Distribution are Alleged in a Pleading

Many claims for alimony and equitable distribution of property are lost each year because parties represent themselves and do not know that such claims if not asserted before entry of an absolute divorce judgment. If you have a claim for alimony and/or equitable distribution of property, be sure to properly allege the claim in a pleading prior to entry of your absolute divorce judgment. If not so alleged, the claim will be lost forever.