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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10323
Experience:  Experienced Family Law Attorney
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Getting Divorce after 20 plus years of Marriage. We live in

Customer Question

Getting Divorce after 20 plus years of Marriage. We live in Colorado. I am 63 years old. I am retired and receive a retirement pension, plus I work construction to help make ends meet. My wife is a principal of an elementary school and makes little more than me. She has a car loan of about 28,000 and credit card debt 15,000. I have a camper trailer debt of 28,000. Can I get any maintenance from her.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Yes, the higher earning spouse can be ordered to pay maintenance to the lower earning spouse. Generally retirement is considered a legitimate reason for not working; so the court generally won't impute income in that case,but they will take into account the pension along with any earned income. This calculator is provided by the state and can give an estimate of what to expect:
Customer: replied 1 year ago.
What do you mean the court generally won't impute income in that case
Customer: replied 1 year ago.
Will the judge use my retirement and my income from my construction in considering maintenance?
Expert:  LegalGems replied 1 year ago.
The judge has the authority to impute (assign) income to a party that is voluntarily un/underemployed- but they usually won't do that if a person is of typical retirement age. Yes, the court will consider each party's income-whether it's from a pension, a side job, full time employment, etc.
Expert:  LegalGems replied 1 year ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site: you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!