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I will be filing for legal separation soon. My husband wants…

Customer Question
I will be filing...

I will be filing for legal separation soon. My husband wants me to move out when I do. I am 61 and disabled he does not want to pay support. Does he have to?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just wanted to know about this question

Submitted: 11 months ago.Category: Family Law
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Answered in 1 minute by:
8/13/2017
Family Lawyer: RobertJDFL, Lawyer replied 11 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,218
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 11 months ago
Thank you
Customer reply replied 11 months ago
I will have to get back to you when I get more money I just don't have it right now.
Family Lawyer: RobertJDFL, Lawyer replied 11 months ago

Good morning,

This is not a simple yes or no question unfortunately.

Alimony (maintenance) is intended to assist a spouse who lacks sufficient property to provide for his/her reasonable needs, and is unable to support himself/herself through employment. There is no automatic right to alimony in Colorado, even if one spouse needs it. Rather, the Colorado divorce court will look at a variety of factors set out in C.R.S. 14-10-114, such as the parties' standard of living before the marriage, the needs of each party, and the other spouse's ability to pay before deciding whether alimony is appropriate under Colorado law. Certainly the fact that you are disabled and unable to be employed would be a factor as well.

Generally, the longer the marriage, the more likely the court is to award alimony in Colorado. Though there is no set standard, spouses married just a couple of years do not often receive maintenance upon divorce in Colorado. If the marriage was long enough (typically at least 20 years or more), the Colorado divorce judge may even award one spouse lifetime alimony. Maintenance in Colorado is terminated by the death of either party, or the remarriage of the spouse receiving alimony.

With respect to temporary alimony (alimony paid while the divorce is pending), there is a presumed level of temporary alimony in Colorado, in cases where a couple's combined gross annual income is under $75,000. Unless evidence shows a different amount is warranted, at a temporary orders hearing the Colorado family law magistrate will award maintenance equal to 40% of the higher income earner's gross monthly income minus 50% of the lower income earner's gross monthly income. This Colorado alimony formula applies regardless of the length of the marriage.

Example: Pat earns $4000 per month, and Jan earns $1500 per month. Pat's presumptive temporary maintenance payment will be $850 ($1600 - $750) per month, until the permanent orders hearing.

For couples where the combined gross annual income exceeds $75,000, there is no set standard for temporary alimony in Colorado and courts may use the above formula as a starting point or deviate altogether.

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Family Lawyer: RobertJDFL, Lawyer replied 11 months ago

You can ignore the phone call request - that's an automatic offer from the website, sorry.

With respect to the marital home, your husband cannot simply make you leave. Absent a court order giving him sole possession of the home while the divorce is pending, he cannot force you out.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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