R&H Logo
I am 52 years old and on permanent disability for MS. I also just finished 8 months of chemo and radiation for cancer. I will not work again and must live off of my $3,200 a month disability that was just approved in April of 2024. My husband of 20 years is in law enforcement and makes great money. He does not want to pay alimony and is demanding I sell the house within 5 years and give him half. Our son will be 18 in two weeks and lives with me %100 of the time. My husband moved out in October and bought himself a brand new condo and truck, all while I was undergoing chemo and not working. I am trying to stay in this house as the mortgage is only $1,300, and all I can afford. I am currently on Medicaid, getting assistance via SNAP and LEAP and shopping at food pantries. He has hired a lawyer through the police union, yet I can not afford one. He thinks if he leaves me the house, that absolves him from alimony and any obligation to debt we accrued. Can this be true? And since the condo was purchased without my knowledge while we were still married, shouldn't that count as "ours"? The house is solely in my name, but we lived in it together for over 12 years. It should also be noted, that when I did work, I was always the primary breadwinner. I would think since I am now on disability, an equitable division of property should be he keeps one property (the new condo) and I keep the 30 year old house I am in that I can afford. I also feel that after 20 years of marriage, I should be allowed alimony. Thoughts?
Jun 17, 2024
Family Law
Close Menu IconThe information provided is for general information and does not form an attorney-client relationship. See our .
Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

In Colorado, alimony, also known as spousal maintenance, is determined based on various factors that the court will consider. These factors include the length of the marriage, the financial resources of both parties, your age and health condition, and the standard of living established during the marriage. Since you have been married for 20 years, this would be classified as a long-term marriage, which generally increases the likelihood of receiving alimony.

Your health condition, specifically being on permanent disability for MS and having recently undergone chemotherapy and radiation for cancer, significantly impacts your earning capacity. The court will take into account your current financial dependence on disability benefits, Medicaid, SNAP, and LEAP assistance.

Your husband's stable and substantial income as a law enforcement officer will also be an important factor. His ability to pay alimony, balanced against your need for financial support, will be considered by the court.

As you can see, whether a court would award you maintenance (alimony) would depend on many factors. For an idea if alimony is appropriate in your case you'll need to speak with an attorney in a confidential conversation so they can advise you properly after understanding the spouses' income, expenses, and assets.

For the official Colorado Supreme Court alimony calculator go here. For general information you can try our alimony calculator and read about how to calculate alimony. (Please use the official calculation promulgated by the Colorado Supreme Court for court proceedings.)

Depending on when and with what funds you purchased the marital residence will determine if it is considered marital property. Most, but not all, property purchased during the marriage will be subject to division. The fact that the marital residence is solely in your name does not prevent it from being subject to division.

The condo purchased by your husband while you were still married should also be considered marital property if it was bought with marital funds. This means you may have a claim to it or its value.

If you would like to discuss your case with our family law attorneys, whether you seek full or limited scope representation, please contact us here. You may also reach out to Colorado Legal Services for legal aid if you feel you can't afford an attorney.

I recommend engaging an attorney, especially as your husband is currently represented. If you plan on representing yourself, however, the Colorado Supreme Court provides family law forms here.

Disclaimer
The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
Didn’t find what you were looking for?