Do I qualify for alimony if I were in a thirty year common law marriage?

Thank you for your question. Colorado formally recognizes common-law marriages provided you meet certain statutory and legal requirements. If you can prove a valid common-law marriage existed, then you may qualify for spousal maintenance, which is what we call alimony, in Colorado. If a common-law marriage exists, then the court will evaluate your request for maintenance as it would evaluate whether spousal maintenance should be awarded, as it would in any other dissolution of marriage case.

Proving the existence of a common-law marriage depends on the specific facts of your case, and there is a common misconception that couples are automatically considered common-law married if they live together for a certain period of time. However, cohabitation alone is not enough. Colorado courts consider a number of factors together to determine whether a common-law marriage exists. For example, the court can consider evidence (this is not an exhaustive list) such as:

• joint financial accounts;

• mortgages and leases in both your names;

• filing joint tax returns;

• The parties' intent;

• referring to one another publicly as spouses to family, friends, and colleagues; and

• sharing symbols of commitment, such as ceremonies and rings

If you are separating from your long-time partner and plan to seek spousal maintenance, I strongly recommend that you speak with an attorney to get a better understanding of potential outcomes in your case.

I hope this helps. If you would like to set up a consultation with a member of our Family Law Team, you can book the appointment online or call 303-688-0944 to find a time that works for you.