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Are You Eligible To Receive Spousal Retirement Benefits After A Divorce?

The short answer is “Maybe.” According to the Social Security Administration, you are eligible to receive benefits on your ex-spouse’s retirement benefits if you meet the required conditions. The first prerequisite is that you must have been married for at least 10 years. You must also be at least 62 years old and unmarried. Finally, you must not be entitled to a higher benefit than your ex-spouse. Likewise there are conditions for your ex-spouse. He …

Same-Sex Divorce Now Legal in All 50 States Due to Supreme Court Ruling

Amidst the rainbow-colored flags in celebration and picket signs in protest of the United States Supreme Court’s ruling that legalized same-sex marriage in June 2015, it is easy for many to overlook the other impacts the decision has created. Most notably, same-sex couples were simultaneously granted the right to divorce from their spouses in all 50 states, not just the ones that recognized their union. With this newfound right coming into play, many same-sex married …

Defining ‘Parental Responsibilities’ in Colorado

In Colorado, the term “parental responsibilities” is used in place of child custody. Colorado’s parental responsibility law can be found under C.R.S. 14-10-124. Under Colorado law, the general assembly believes that it is in the best interests of all parties to encourage frequent and continuing contact between each parent and their children after the parents separate or get a divorce. In order to accomplish this, the general assembly urges parents to encourage love, affection, and frequent contact between …

New Colorado Spousal Maintenance Law Explained

Colorado has a new maintenance law that went into effect January 1, 2014. The new law states that a term of maintenance will be based on percentage calculations of the parties’ incomes. The resulting maintenance calculation is based on 40 percent of the high income earner’s monthly income and subtracting 50 percent of the lower earner’s monthly income. The law also provides additional factors such as duration of the marriage, child support orders, and marital …

Will Moving Out Impact Child Custody?

When a married couple decides to divorce, one of the first questions will be, “Should one of us move out of the family home?” If the marriage has broken down due to a recent affair, or because the constant arguing has become unbearable, emotions can run high, and living under one roof may seem impossible. This question of moving cannot be taken lightly, especially if you’re thinking about moving out and leaving your kids behind. That …

Establishing Paternity in Colorado

Sometimes parenthood is a planned event, and sometimes it’s not. Either way, once you become a parent, your life will never be the same. What if the parents are not married? How does the mother get the father to help? “Paternity” refers to establishing who the legal father is of a child. When a child’s parents are married, paternity is not an issue because the law assumes that the husband is the child’s legal father. …

Post Secondary Education Costs

A court may order parents to pay postsecondary education costs. “If the court finds that it is appropriate for the parents to contribute to the costs of a program of postsecondary education, then the court shall terminate child support and enter an order requiring both parents to contribute a sum determined to be reasonable for the education expenses of the child, taking into account the resources of each parent and the child.” C.R.S. 14-10-115(15)(c). Postsecondary …

My Spouse Cheated, Can I Ask for Spousal Maintenance?

If your spouse cheated on you, you may be wondering if adultery will have any impact on your ability to seek alimony, or “spousal maintenance” as it is referred to in Colorado. Spousal maintenance is money that one spouse pays to the other spouse during and after a divorce. Alimony is meant to ensure that both spouses are able to maintain a similar standard of living as they enjoyed during the marriage. Colorado lawmakers are well-aware …

Some Father’s Day Advice for Dads after Divorce

Father’s Day originally began as a way to honor a single parent named William Smart. His daughter, Sonora Dodd from Spokane, Washington, thought to create a day to celebrate fathers, thinking about all her father had done for her. Her mother had died and William took care of all his six children on his own. During a church sermon in 1908, while a priest rambled on about Mother’s Day, she thought about the importance of …

What if Kimye The Kardashian Wedding Was In Colorado?

If you get married the divorce rate statistics are this: First time 50%. Second time 67%. Third time 73%. This is Kim Kardashian’s third marriage. First she married Damon Thomas, when she was nineteen. Then we sort of remember the short lived 72 day marriage in 2011. And now her third marriage to Kanye West… The second time marriage divorce rate is slightly higher than for first time marriages. And the third time is way high! This …

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit).