Will I be able to receive alimony?
Will I lose my pension?
Should the custodial parent keep the house?
What if I brought a house into the marriage that was in my name only, and I added my spouse's name to the deed?
Is my IRA considered marital property? It's in my name only.
I have never worked. Can I get Social Security?
How do we figure out how much child support should be paid?
Do we have to go to court?
What is a QDRO and why do I need one?

Q: Will I be able to receive alimony?

A: The tests for alimony (or maintenance or spousal support) include some of the following; however, keep in mind that no two cases are the same. You need to seek individual advice in order to determine how the specifics of your case may impact your ability to receive alimony:
Need - Can you support yourself with earned income plus investment income?
Ability to pay - Does the payer of alimony have sufficient funds to pay?
Length of marriage - A long-term marriage (10 years or more) is typically a stronger case for the lower-earning spouse.   
Health of both parties

See the Maintenance page for more information.

Q: Will I lose my pension?

A: In Colorado, contributions made to, and earnings generated from, pensions and retirement plans earned during the marriage are marital assets, and are subject to division. However, it is possible to keep your pension and have it offset with other assets.  See the retirement plan page for more information.

Q: Should the custodial parent keep the house?

A: This is a great question, because it's one of the most important overlooked issues. The answer is sometimes yes, sometimes no. It's important to pinpoint exactly what it will cost to maintain the home, factoring in taxes and inflation. The next step is to analyze if there is enough money coming in to stay comfortable in the home (in other words, pay the bills each month). Once that has been determined, the advisability of retaining the home must be compared to the advisability of giving up other assets (such as liquid accounts, retirement plans, etc.). Finally, all decisions need to be weighed against current economic and stock market conditions. See our page on rent vs buy.

Q:  What if I brought a house into the marriage that was in my name only, and I added my spouse's name to the deed?

A: In this case, the whole house could be considered marital property. You might have made a "presumptive gift" to the marriage and should consult with a family law attorney to discuss your options.

Q: Is my IRA considered marital property? It's in my name only.

A: Everything acquired during the marriage, no matter whose name it's in, is typically considered marital property. In some states, including Colorado, the increase in value of separate property is normally considered marital.  More information.

Q: I have never worked. Can I get Social Security?

A: If your spouse has worked and if you have been married for 10 years or more, then you are entitled to one-half of your spouse's Social Security or your own, whichever is higher--even if you are divorced. Your spouse still retains 100% of his/her Social Security benefit. This is an automatic guarantee and therefore it is not a negotiation point in a divorce. For more information, see http://www.ssa.gov/gethelp1.htm.

Q: How do we figure out how much child support should be paid?

A: Colorado has Child Support Guidelines that cover many situations. The guidelines are based primarily on the number of children, the number of overnights, and the relative incomes of each of the parents. 

Q: Do we have to go to Court?

A: You need to go to Court if you can't reach an agreement and need the magistrate or judge to decide one or more issues. If you are in agreement and do not have children, you probably will not have to appear. If you do have children, and are in agreement, you still may need to appear in front of the magistrate as he or she will wish to make sure that the decisions you have made are in the best interests of the children, among other things.  If you are using the collaborative law approach, then you will probably not need to appear.

Q: What is a QDRO and why do I need one?

A: A QDRO (or Qualified Domestic Relations Order) is the legal document that divides up a qualified pension or retirement account (including 401(k)s) pursuant to a divorce. The divorce decree or separation agreement is not sufficient to divide qualified plans: a QDRO is needed. QDROS can be used for the division of marital property, and also for arrears of child support or maintenance.  There are many nuances that go into QDROs and make it an advocating (versus neutral) document. In order to protect your assets, be sure to obtain qualified advice in this area from a specialist.