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  #1  
Old 10-04-2005, 05:44 PM
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Alimony


What is the name of your state?undefinedWhat is the name of your state? NC

I've been married for 38 yrs, separated for 11 yrs. (I'm 66 and he's 64 yrs old.) My husband has continued to pay the monthly rent and medical insurance since he left. He is now seeking a no fault divorce. He says that the money he has been paying for my rent each month is my alimony. Would the courts see that his way too, or would I be entitled. to more alimony. I have never asked him for anything since he left. He also has a retirement plan (which is his only income) and I know that I am entitled to one half but, I don't quite understand. Does he give me half his check or does the company for which he worked distribute my half. Any information will be greatly appreciated
  #2  
Old 10-04-2005, 09:36 PM
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Join Date: May 2004
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Quote:
Originally Posted by unhappy38
What is the name of your state?undefinedWhat is the name of your state? NC

I've been married for 38 yrs, separated for 11 yrs. (I'm 66 and he's 64 yrs old.) My husband has continued to pay the monthly rent and medical insurance since he left. He is now seeking a no fault divorce. He says that the money he has been paying for my rent each month is my alimony. Would the courts see that his way too, or would I be entitled. to more alimony. I have never asked him for anything since he left. He also has a retirement plan (which is his only income) and I know that I am entitled to one half but, I don't quite understand. Does he give me half his check or does the company for which he worked distribute my half. Any information will be greatly appreciated
It would truly be in your best interest to get yourself at least a consult with an attorney. Your situation is a little unusual. If you are entitled to half of his retirement, then an attorney would arrange for you to recieve it separately, via a QDRO. Again, please consult a local attorney.
  #3  
Old 10-05-2005, 04:12 PM
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He'd also be entitled to half your retirement.

If you legally seperated 11 years ago, I believe it may be a split of half the retirement value accrued up to date of legal seperation.
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  #4  
Old 10-06-2005, 12:14 PM
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reply to Pension


I am not an attorneybut from experience with my own divorce you must file a QDRO-Qualified Domestic Relations Order in odere to be granted your shrare of his retirment. Hope this helps
  #5  
Old 10-06-2005, 08:25 PM
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Alimony


My State is NC


We were not legally separated. He just left to care for his parents and never came back. Could this be considered abandonment even though he continued to pay my monthly rent and insurance?

Thanks, to all who replied.
  #6  
Old 10-06-2005, 11:23 PM
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Join Date: May 2004
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Quote:
Originally Posted by unhappy38
My State is NC


We were not legally separated. He just left to care for his parents and never came back. Could this be considered abandonment even though he continued to pay my monthly rent and insurance?

Thanks, to all who replied.
Hon, get yourself an attorney. It would be foolish to handle this, at your age, without one. You are in a particular situation because you have already reached retirement age and you can't afford to make any mistakes.
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