Blanca, CO Divorce Law Firms & Lawyers

You have to have a Qualified Domestic Relations Order prepared. This is an order, signed by a judge, that gets sent to your husband?s company (or the company that handles his retirement account), that will prompt them to divide the retirement account so as to give you your 30% share. You must retain a certified public accountant to prepare the Qualified Domestic Relations Order. There is a fee associated with this of which is usually around $500, but it can sometimes be paid out of the proceeds of the retirement account. Generally, the parties to the divorce share this cost equally, but you must look at what your divorce agreement says. Once the CPA prepares the QDRO, you must forward it to the judge for the judge to sign, and then you can forward it to the company. The company may require you to set up your own account to receive the funds.

Once you file for divorce, a temporary injunction goes into place that, among other things, bars either party from changing or stopping paying on health insurance policies without notice and consent from the other party or a court order. Once you are divorced, you would not need to maintain (if possible) or pay for insurance on the other party unless you agreed or were ordered to do so in the separation agreement. I often take cases like this on a reasonable flat fee basis, either as one party's attorney or a mediator) if you would like to discuss it further. In other words, you at least could ask the court for an order that let's you stop paying the insurance since she makes more than you. I hope this helps.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Adultery is a ground for divorce, but generally it doesn't mean you lose whatever property rights you accumulated during the marriage. Some judges might make a somewhat disproportionate award to your husband because of fault in the breakup of the marriage, but he's not likely to get it all.