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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13895
Experience:  Experienced in multiple areas of the law.
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I will be filing for legal separation soon. My husband wants

Customer Question

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?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just wanted to know about this question
Submitted: 2 months ago.
Category: Family Law
Expert:  RobertJDFL replied 2 months ago.

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.

Customer: replied 2 months ago.
Thank you
Customer: replied 2 months ago.
I will have to get back to you when I get more money I just don't have it right now.
Expert:  RobertJDFL replied 2 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.

Expert:  RobertJDFL replied 2 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.