Full question:
I live in Colorado a no fault divorce state. I am disabled mentally. I heard my husband say the other night he is going on a trip and will not tell me until the morning of the trip and if I don't like it I can divorce him. We own a home that is paid off and he makes about $90,000.00 a year. Will I be able to get alimony for the rest of my life? We have been married 28 years.
- Category: Divorce
- Date:
- State: Colorado
Answer:
It is possible to receive alimony, but the court will make a subjective determination based on several factors outlined in Colorado law. These factors include:
- The financial resources of the person seeking maintenance, including any marital property they receive and their ability to meet their needs independently.
- The time needed to acquire education or training for suitable employment and the person's future earning capacity.
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and physical and emotional condition of the person seeking maintenance.
- The ability of the spouse from whom maintenance is sought to meet their needs while also supporting the other spouse.
For more details, refer to Colorado Revised Statutes, specifically 14-10-114 regarding maintenance.
In cases where the combined annual gross income of both parties is seventy-five thousand dollars or less, there is a rebuttable presumption for temporary maintenance based on a specific formula. If the income exceeds this amount, the court may award maintenance based on the relevant factors without regard to marital misconduct.
Ultimately, the court will consider all relevant factors to determine the amount and duration of alimony, which may not necessarily be for life.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.