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I am anticipating a divorce after 33 years. Was a stay at home mom until 7 years ago & now work full time. Kids all raised

Columbus, NE |

We have no debt. He makes 60K, I make 25K. Is it still possible to get alimony. I will never be able to live the life style he does on 25K. I am covering him on my health insurance. It is possible to make him cover me the rest of my life. We are both in upper 50's & I cannot begin to think about retirement because he refuses to discuss his retirement, pension etc with me. I have only small SS benefit saved up. Our assets amount to 200K house & 200K in investments excluding retirement accts. My 401K amounts to only 125K. Also am I allowed to keep inheritance given to me by my parents & other money given to me by them over the last 33 years without splitting it with him. I do have proof. His company will also pay him all of his sick leave in cash he has acquired over 30years when he retires which could amount to 50K. Am I intitled to half? He also has paid up insurance after he retires. Am I not also intitled to half? All I want is half of our assets which alot of it is tied up to his pension & benefits in his company.

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Attorney answers 1


The answer to this question really depends on the jurisdiction you are in. In Colorado, you would likely qualify for maintenance because for a marriage of this duration, court generally believe that it is equitable that both parties have the same standard of living. Other jurisdictions look at spousal support differently - some basically do not offer much maintenance and others only assess whether or not you have enough income to meet your basic living needs. In most states, inheritances or other gifts are considered separate, except to the extent that they have increased in value over the duration of the marriage. In considering whether or not you are entitled to half of his retirement, the answer generally would be yes - but with the caveat that he would likely be entitled to half of your retirement as well, and generally courts offset these entitlements. Colorado has equitable jurisdiction though, so if there is a reason one or the other of you might need more than half (as might be the case if one of you is disabled and has greater costs) then the court might deviate from a strict 50-50 division.