If I am getting a divorce and my social security income is $891 and my spouses social security is $1323, can I collect a difference of $216 per mo. from him?
State/Country relating to question: Colorado
One lawyer in Boulder, Co. told me that I am entitled to the $216 per mo. Other lawyers said that there is no such thing.
spousal support (also called "alimony") is not a simple division of the differences between the parties income. There is no formula for long-term support. I definitely disagree with the lawyer who said that you were entitled to $216 per month. Considering how minimal both of your incomes are, the likely range would be from $0 to $200 per month.
I realize that this is probably not what you had wanted to hear, but I do hope that you understand my philosophy that I cannot help customers unless I give them the truth, regardless of whether it is "good" news or "bad" news. Thank you, XXXXX XXXXX me know if I may be of further assistance.
I went to www.divorcesupport.com/divorce/Social-Security-Consideration-as-a-property-3151...and it says that the majority rule is that state courts may consider Social Security benefits as a factor in dividing other marital property. What do you have to say about that? Also, after 42 years of marriage, Colorado tends to divide equally. Social Security is income so why wouldn't it be divided equally with me getting $216 per mo.?
with regard to the first follow-up question, I am a bit at a loss as to what you are asking. "What do you have to say about that" is extremely broad. I will however state that it is true that social security benefits are typically a factor in the division of marital property.
With regard to the second follow-up quetion, I don't know where your information is coming from, but it is incomplete and I stand by my original statements.
To reiterate, Colorado is not a community property state like California. But after 42 years of marriage, they tend to divide the income equally. Social Security is income. Why wouldn't it be divided equally? It is not my fault that my S.S. income is lower than my husband's. He is the one who wanted me to stay home with the children when they were little. I think you need to look up Colorado law.
I realize that you are just making sure that you are getting good information, but it is always confusing to me when customers argue withme on what they believe the law to be. From my perspective, it is like being on the operating table and telling the surgeon how to make the incision. If a customer wants me to just tell them what they want to hear, they have come to the wrong person. Incidentally, every ABA accredited law school teaches to all 50 states, and I am eligible for admission tor the bar in all 50 states, D.C., and the U.S. territories, as well as the federal patent bar. I am not a member of all U.S. bars because I do not wish to pay the bar membership fees of several hundred dollars per year to all of them.
You are approaching the situation with an assuption that is incorrect. Your assumption is that future income is divided 50/50. This is false. Although property and income received during the marriage is, for the most part, divided equally, there is no right to future income along those lines. This is true in Colorado and every other state. If you go to court and get a different outcome, you are welcome to return to the site to request a refund, but if you are as certain as you are it also confuses me why you asked to begin with; I realize that you are not in front of me in my office, but this is what I do day in and day out both through the Just Answer service and through my private practice.
However, at your demand, I would direct your attention to the Colorado case of Carlson v. Carlson, in which the state's highest court acknowledged "There is no mathematical formula for establishing a just and equitable property settlement or alimony or support" Carlson v. Carlson, 178 Colo. 283, 497 P.2d 1006 (1972).
In Moss v. Moss and Elmer v. Elmer, Colorado's highest court opined and reiterated that "In the absence of special circumstances, an order for the support of a wife in a divorce case should be a reasonable sum, based on the necessities of the wife and the husband's ability to pay." Elmer v. Elmer, 132 Colo. 57, 285 P.2d 601 (1955); Moss v. Moss, 190 Colo. 491, 549 P.2d 404 (1976).In other words, the law is exactly as I said. The amount of alimony is based on the circumtances. There is no formula, and the difference is not divided 50/50. My original information is correct. The likely range of support is $0 to $200 per month. Period. Thank you.
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