In most states, a legal separation requires a formal court order. That isn’t the case in North Carolina. In our state, you and your spouse simply have to live separately with one of you intending for the separation to be permanent for there to be a legal separation. Of course, such a separation can raise a host of concerns, such as financial support. If you don’t know how to properly navigate your separation, then you can be left in a difficult financial position as you try to navigate your next steps. That said, let’s look at how you can protect your interests while you and your spouse are separated, since there is a possibility that your spouse can leave you cut off from the financial support that you need.
How separation can impact your finances
There are a few different ways to separate from your spouse. Let’s look at each of them to see how they impact your financial positioning. That way you’ll hopefully have a better idea of what you need to do to protect yourself.
- Separation through words and actions: As mentioned above, you and your spouse can separate by simply living apart without the intent to reunite. But there’s significant risk here. Although you and your spouse might agree to some sort of financial arrangement that keeps you afloat, there’s no written agreement that you can turn to for enforcement when your spouse fails to uphold their end of the bargain. That can make this type of separation risky.
- Separation through written agreement: A separation agreement is a negotiated arrangement that serves as a contract during the entirety of the separation. In this agreement, you can address issues like financial support and the division and use of marital property, thereby giving you stability and peace of mind. Also, if your spouse breaches a term of the separation agreement, then you can take them to court to hold them accountable and force them to adhere to the terms in question. This is one of the best ways to ensure that your spouse doesn’t leave you high and dry amidst your separation.
- Divorce from bed and board: If you and your spouse can’t negotiate a separation agreement but you still want protection, then you may need to seek a divorce from bed and board. This is not a true divorce, as you and your spouse will remain married, but is instead a court-ordered separation with terms defined by the court. To obtain one of these orders, though, you need to prove fault on your spouse’s part. This can include adultery, abandonment, excessive drug or alcohol use, cruelty and actions that render your life overly burdensome or intolerable.
As you can see, if you’re not careful there’s a chance that your spouse could try to leave you financially stranded during your separation. Therefore, to protect yourself as fully as possible, you should secure a valid and enforceable agreement or court order that specifies how your finances will be addressed during your separation. That way you’ll have a safety net as you consider your next steps.
Know how to get the most out of your divorce
There are a lot of moving parts to a separation and divorce. And you have to know how to adequately address each of them if you want to position yourself for the successful post-divorce life that you envision for yourself. Therefore, it may be helpful to continue reading up on the process and what you can do to shield yourself from a poor outcome.