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Old 08-17-2015, 09:33 PM
 
3,205 posts, read 2,623,096 times
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The short story is a couple married over 25 years, one decides to file for divorce, in Colorado.

One of the couple has a low paying family job, around $40k, the other makes over $100k / year. There is a 401k with close to $180k that was from payroll deductions from the high earner, the pay of the other was used exclusively to pay household and family expenses.

Now the high earner has filed for divorce and feels that an equitable distribution of property would be about $100k in marital assets for the low earner, and about $50k in marital assets for the high earner, in addition to the entire $180k retirement account. Also, the high earner feels they should not have to pay any spousal maintenance (alimony).

The couple was together for the entire education and job growth of the high earner, where the low earner kept their job, among other reasons, to maintain a steady income while the other took chances on new positions, to be there to pick up the children (now grown) from school every day, help out the family, and wait out the lean times until it was profitable again.

The low earner works in a family business that was originally very profitable and looked to be a great career, but the local economy collapsed and the entire industry that the family business was a part of has lost 75% of its retailers and 90% of its suppliers. Waiting out the downturn hasn't worked, and it is no longer viable.

According to Colorado spousal maintenance guidelines, alimony of around $1,800 per month would be prescribed by a family court judge, and 'equitable distribution' of the marital assets.

What do YOU think would be a reasonable split in this situation?
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Old 08-17-2015, 09:36 PM
 
Location: Scottsdale, AZ
16,960 posts, read 17,339,729 times
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Consult a lawyer.
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Old 08-17-2015, 09:37 PM
 
27,957 posts, read 39,775,529 times
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An attorney is your best bet. A lot better than an Internet forum.
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Old 08-17-2015, 09:37 PM
 
Location: Brentwood, Tennessee
49,927 posts, read 59,935,627 times
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Quote:
Originally Posted by hawaiiancoconut View Post
Consult a lawyer.
Agreed.
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Old 08-17-2015, 09:38 PM
 
Location: Milwaukee, WI
3,368 posts, read 2,890,666 times
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50-50
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Old 08-17-2015, 09:38 PM
 
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What the law states. Retirement 50/50. Basically, the lower ended earner should have an equitable income in comparison to the higher one.
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Old 08-17-2015, 09:42 PM
 
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If you are the high earner in this equation, then suck it up and pay your share.
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Old 08-17-2015, 09:43 PM
 
Location: Milwaukee, WI
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Quote:
Originally Posted by rugrats2001 View Post
The short story is a couple married over 25 years, one decides to file for divorce, in Colorado.
If both of you live in CO, then there's no argument. However, if you live somewhere else, and that state treats women better than CO, then run to the court and file first. Who's first, wins.
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Old 08-17-2015, 09:43 PM
 
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Neither is using a lawyer. If something can't be worked out, it will go to mediation.
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Old 08-17-2015, 09:45 PM
 
3,205 posts, read 2,623,096 times
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Quote:
Originally Posted by brrabbit View Post
If both of you live in CO, then there's no argument. However, if you live somewhere else, and that state treats women better than CO, then run to the court and file first. Who's first, wins.
It is already filed in Colorado, so that ship has sailed.
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