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Married But Separated: What You Need To Know

 

Many people stay married but separated for a while before deciding to file for divorce.  That can be a good idea so that you are sure that divorce is right for you.  But if you let it continue for too long there can be problems.  See the list of things you should know below.  Please contact us for a 15-minute consultation so that we can help you understand your options and protect your assets.

 

  1. You might have to pay out half of the growth in value of your accounts after separation: Under Colorado law, the value of your accounts continues to be marital until you have a divorce decree. So even though you’re separated, the court might order that you have to pay your spouse half of what you put into your retirement (for example) while you were separated.

 

  1. The term of maintenance continues to grow: In Colorado the court applied a formula for the amount of maintenance (aka alimony) and the term (how long it will last) based on how long you were married. If you were married but separated, that may continue to add to how long you have to pay maintenance in the end.

 

  1. Legal Separation vs Divorce: You can get a legal separation instead of a divorce. CLICK HERE for our page about legal separation.

 

Download your free Divorce E-Book HERE for more information about divorce and how to prepare.  We hope that we can help you soon.