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Inheritance is Separate Property at Divorce While property acquired during the marriage is presumptively marital, a spouse can overcome that presumption by showing the property was “acquired by gift, bequest, devise, or descent.” (2)(a). In other words, an inheritance received by one spouse is that spouse’s separate property, unless he/she…
Military Spouse Divorce Retirement Pay vs Separation Pay Separation pay is what a member may receive when separated from the military prior to retirement – these alternatives to retirement are often divisible at divorce, especially in Colorado thanks to the Heupel decision. And when a share of that separation pay…
Colorado Maintenance Guidelines Not Written in Stone Colorado’s maintenance statute has an alimony formula applicable at divorce, but as the Colorado Court of Appeals constantly reminds the family law bar – and bench – the statutory maintenance guidelines contained in are not presumptive, only advisory (i.e. almost like a suggestion, and…
“Adequate Financial Support” No Longer Adequate Per AFI 36-2906 While all of the branches of the U.S. Armed Forces require their personnel to provide temporary family support to family members during separation, the Air Force family support standards in AFI 36 2906 were, for a long time, the only ones…
As the nation gradually reopens, even while the Coronavirus pandemic still rages, Colorado is no exception. Last Sunday, Governor Polis signed an executive order relaxing the state’s stay-at-home order. (For full coverage of the Covid-19 stay-at-home order and up-to-date analysis of judicial orders & openings, see our blog post Colorado Family Law Services…
Marriage License Requires Personal Appearance “There is now no excuse when the question comes up for marriage. You can do it by Zoom. Yes or no.” With these words, New York Governor Andrew Cuomo announced he would issue an executive order waiving the requirement for would-be spouses to appear personally…
PERA DROs – Simple & Frustrating A silver lining thanks to the Covid-19 pandemic? Preparing DROs (domestic relations orders) to divide Colorado state pensions has long been an exercise in frustration. The forms are deceptively simple – they are fill-in-the-blank, so seemingly have very little room for error. But the…
What Is Alienation Of Affection? I’m always fascinated by unusual family law cases from other states – as indeed attorneys in other states probably look at Colorado and marvel at how we still have common law marriage, or even legal separation. And since adultery is pretty much never relevant in…
Family Law Judicial Proceedings During Coronavirus As discussed in a prior blog re: Family Law Services During Covid-19, the El Paso County Courthouse is closed to routine business, thanks to Governor Polis’s stay-at-home order. The exceptions related to family law are (1) emergency motions to restrict parenting time, (2) hearings on…
April 3, 2020 Update – Parenting Exchanges Must Continue On April 3, Chief Judge Bain of the 4th Judicial District issued Chief Judge Order 20-16 Regarding Court Operations Under The Novel Coronavirus (COVID-19) Advisory, Para. III.C makes clear, in bold print, that Covid-19 does not affect parenting exchanges: “All Parties are…
