Legal Question in Family Law in Colorado

Re: maintaince

A court will award maintenance to a party if it finds that the other party does not have sufficient property to provide for his or her reasonable needs and is unable to support themselves through appropriate employment. Because Colorado is a no-fault state, conduct of the parties during the marriage is not grounds for an award of maintenance, such as having an affair, etc. If the court finds that she has met the threshold to qualify for a maintenance award, then they will look at a number of factors, including the length of the marriage, the standard of living enjoyed during the marriage, whether both parties worked, etc. Another factor they consider is your ability to pay maintenance.

If she's always worked throughout the marriage, and made more than you, there's probably very little chance of a court awarding her maintenance, and depending on the difference, you might be entitled to maintenance from her. In your response to the petition for dissolution of marriage, though, you'll want to indicate you want maintenance from her - if you don't say so in your response, the court may waive your right to pursue that claim - it's best to err on the side of caution and include that request now, and you can always dismiss it later.

Hope this helps!

Christine C. Nierenz, Esq.

The Harris Law Firm

[email protected]

DISCLAIMER: No attorney - client relationship exists, or is in any way created by, this e-mail communication. The general information given is intended to be a starting point only by describing general aspects of the law - it is important that you consult with an attorney with regard to your specific legal rights.