itsamberduh
Junior Member
What is the name of your state (only U.S. law)? North Carolina
OK, so here's as much of the situation as I know (this is regarding a close friends divorce):
My friend made a bad decision and got married to a Marine she didn't really know. After 2 years of marriage and A LOT of debt, he wanted out of the marriage. They separated for a year and then finalized the divorce at the end of August 2010. He remained in North Carolina, while she moved to CT at the beginning of the separation. The day after the divorce was final, he married a woman he had been having an affair with during the marriage. My friend has no hard proof of the affair, but knew he'd been seeing someone on the side during the last couple months before he asked for a divorce.
In their separation agreement, he was supposed to pay her half of his BAH for the duration of the separation, he would retain the car (in both their names) and she would retain the furniture (in his name) as well as the SUV (in both their names). He was supposed to pay for the vehicles, she was supposed to pay for the furniture and pay down the debt on a joint credit card.
At first, he gave her half of the BAH, but after a couple months the payments stopped. He never made any payments on the SUV and it was repossessed. He has maintained payments on the car that he retained. She paid down the credit card as agreed, but did not continue making payments on the furniture once the BAH money stopped coming in (as she was using it to pay the payments on the furniture).
It is now February 1st, 2011 and she was contacted by her ex-husband today demanding that she return the furniture to him since she was not paying for it as was agreed. She hasn't paid on the furniture since the BAH payments stopped a couple months after they were separated. They were separated for a year, and then divorced at the end of August 2010. It's been a long time since she made a payment on the furniture. He is threatening to sue her for the furniture. They've both backed out of obligations they agreed to in the separation agreement, but does he have any right to the furniture now that the divorce is finalized? If he does, can she go after him for the loss of her car or BAH owed?
OK, so here's as much of the situation as I know (this is regarding a close friends divorce):
My friend made a bad decision and got married to a Marine she didn't really know. After 2 years of marriage and A LOT of debt, he wanted out of the marriage. They separated for a year and then finalized the divorce at the end of August 2010. He remained in North Carolina, while she moved to CT at the beginning of the separation. The day after the divorce was final, he married a woman he had been having an affair with during the marriage. My friend has no hard proof of the affair, but knew he'd been seeing someone on the side during the last couple months before he asked for a divorce.
In their separation agreement, he was supposed to pay her half of his BAH for the duration of the separation, he would retain the car (in both their names) and she would retain the furniture (in his name) as well as the SUV (in both their names). He was supposed to pay for the vehicles, she was supposed to pay for the furniture and pay down the debt on a joint credit card.
At first, he gave her half of the BAH, but after a couple months the payments stopped. He never made any payments on the SUV and it was repossessed. He has maintained payments on the car that he retained. She paid down the credit card as agreed, but did not continue making payments on the furniture once the BAH money stopped coming in (as she was using it to pay the payments on the furniture).
It is now February 1st, 2011 and she was contacted by her ex-husband today demanding that she return the furniture to him since she was not paying for it as was agreed. She hasn't paid on the furniture since the BAH payments stopped a couple months after they were separated. They were separated for a year, and then divorced at the end of August 2010. It's been a long time since she made a payment on the furniture. He is threatening to sue her for the furniture. They've both backed out of obligations they agreed to in the separation agreement, but does he have any right to the furniture now that the divorce is finalized? If he does, can she go after him for the loss of her car or BAH owed?
