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Asked 9 months ago - Aurora, CO
FlagI married him on March, 1999 in Colorado. I’ve been married him more than 13 years. We don’t have a child. My husband is going to file a divorce this year. Although I’ve been working at a retail for 5 years, I can’t support myself. My income is less than a tenth part of his income. Can I be dividend our marital property equitably or fairly (50-50)? If so, can I still seek an alimony, even after he divides me 1/2 of marital property? I’m wondering whether a judge may order him permanent maintenance for me?
First, I am sorry your 13-year marriage is coming to an end. Having to air that publicly to get just a little guidance has to hurt.
I am sorry.
That said, a court applies a two-prong analysis in deciding whether there will be a maintenance award at the time of permanent orders.
First, the court asks whether the property division and the other resources of the spouse requesting maintenance are enough to take care of that spouse -- this includes the income of the requesting spouse. If the answer is yes, the analysis ends there. If the answer is no, the court then moves to the second prong and sets an amount, relying upon six statutory factors listed in the applicable statute.
The Court will not set you up for the rest of your life. The Court will expect you to do what you can at an appropriate pace to get on your financial feet and begin living your new life.
A family law attorney would go a long way in helping you maximize your possibilities.
I wish you luck!
You will not get "permanent" maintenance. Maintenance is designed in order to just get back you on your feet again and is normally only ordered for a few years. With the length of your marriage, I would be surprised if a judge ordered maintenance for more than 4 years max. Additionally, understand that maintenance only comes into play and is only ordered if there is not sufficient property (bank accounts, stocks, etc.) to sufficiently provide for you. If he was making a lot more than you, you should be asking for more property instead of a 50/50 split. He would love to pay you maintenance, because you have to pay taxes on it and he gets to deduct it on his taxes.
I agree with Mr. Leroi and you would be well served to call him for assistance, as these are not simple cases. Also, where the economic circumstances of the parties is very different (as it sounds like here), the court can order your husband to pay your attorney fees so you are on equal footing in the divorce process. Hope this helps.
All of these are very strong answers. I would simply add that when you request additional property instead of spousal support, try to make sure that it's "liquid" property - property that you have access to in the near future (such as bank accounts). While it's great to get things such as retirement funds, it's possible that you either won't have access to those funds until he actually retires, or you will take a huge tax hit if you don't reinvest those funds in a timely fashion. Just something to consider.
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