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Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I have been living with my girl friend for 20 years. We own

Customer Question

I have been living with my girl friend for 20 years. We own 2 properties as tenants I n common and we contribute equally to living expenses. In addition I pay for our entertainment out of the house such as vacations, dinner, and shows. I am 72 and she is 75. She does not work but has more assets than I. I have more income. If I leave do I have any legal obligations to her?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida and colorado
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 4 months ago.
Category: Family Law
Expert:  Samuel II replied 4 months ago.

Hello

This is Samuel. Florida does not recognize your relationship as a common law marriage and so you could be sued for whatever she feels she has "earned" or is entitled to as part of your relationship. And so I suggest that you would want to suggest Mediation so you could hammer out a separation agreement that would then be incorporated into your final divorce. Those terms and conditions would be enforceable.

But as a matter of the law, alimony and spousal support do not apply in situations where the couple was never legally married.

Expert:  Samuel II replied 4 months ago.

Now, Colorado is a common law marriage state and it does apply to spousal support. So it is possible that you could be the payee or the payor. There are criteria the court looks at.

Expert:  Samuel II replied 4 months ago.

The formula works like this; if a couple makes a combined monthly income of $240,000 or below, then the spousal maintenance formula to be followed is 40 percent of the higher income earner’s gross income, less 50 percent of the lower income earner’s income per month.