QUESTION

Should I go to court and fight, or should I accept her offer?

Asked on May 20th, 2014 on Divorce - Colorado
More details to this question:
My wife abandoned me 10 years ago after 20 years of marriage. I have been paying her half my pension for that 10 years. I decided that I want to get a divorce but she will not accept an increase in money that I am now giving her, but wants a QDRO. I don't want the QDRO because if she dies I will lose that money. Of course she says, if I die she would no longer be getting a check from me. I have been giving her $1,165.18 each month, and told her I would increase that by $475. She has a job and I do not. I do also get social security.
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1 ANSWER

If you would like a free consultation, please give my office a call, and I would be happy to speak with you. I can not give out legal advice, without knowing who I am giving to, without risking a conflict of interest. Direct contact eliminates this issue. Here is some "Legal Information? (not advice) that may be helpful. 1) An important question is how did the two of you separate? Have you been leading totally separate financial lives for the last 10 years, except for the payments that you have been making? 2) One of the processes that happens in a divorce is that the parties have to exchange financial information. Her financial picture will effect the outcome. In a divorce, all marital property is divided. You really can?t take one piece of the division and assess fairness, without looking at the entire proposed settlement. 3) 95% of divorce cases end in settlement. Unless one of you is totally unreasonable, you should be able to reach a ?fair? resolution. 4) The important objective is to develop a settlement that is fair to BOTH of you. Reading your message, I?m not understanding the fairness of you giving her 73% of your monthly pension check. I would also want to understand her position on why 50/50 division of the pension is fair. 5) Neither of those questions can be fully answered without looking at your and her full financial picture(s) - i.e. what are your assets and debts; same for her; and what is her income. Also relevant, as stated above would be the ten years financial separation.
Answered on May 22nd, 2014 at 9:00 PM

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