Been divorced now for 2 years in Colorado. My agreement says I pay spousal support for 4 years or until she remarries.
She has been living with someone (that makes more than I do) for 6 months now. They have shopped for rings. At the end of this school year they are going to move (with my 2 daughters) from 1 mile away to 2 hours away - from the house I brought and gave her to a house to he will buy I imagine.
Do I have any grounds to stop paying spousal support because of their common law marriage?
I'm flat broke largely because of the payments I agreed to and could use the money - that's why I'm on FreeAdvice.com
Any thoughts would be greatly appreciated!!!! Help!
Common Law Marriage
Colorado is one of about a dozen states remaining which recognizes a common law marriage, or a marriage without formal ceremonies. There is no hard and fast rule as to what constitutes a Colorado common law marriage, nor even one law which directly covers it. Rather, C.R.S. 14-2-104(3), part of the law which establishes the requirements for a Colorado marriage, simply states: "Nothing in this section shall be deemed to repeal or render invalid any otherwise valid common law marriage between one man and one woman."
It is up to the Colorado divorce Courts, with more than a hundred years of legal decisions to draw on, to determine whether Colorado will recognize that a common law marriage exists. The standard Colorado courts have outlined is that a common law marriage in Colorado requires that the couple:
Cohabitate,
Mutually agree to be married, and
Openly hold themselves out to the public as married.
Because proof can be complicated, unless both parties agree that they had a common law marriage in Colorado, they will inevitably need the assistance of a Colorado divorce or family law attorney who knows Colorado common law divorce issues.
Colorado finally introduced an age-limit for common law marriages in 2006. Per C.R.S. 14-1-109.5, the parties to the marriage must be at least 18 years-old.
Factors for Determining Colorado Common Law Marriage
Though living together (cohabitation) is required, no specific duration is necessary. This means that a couple which is clearly girlfriend/boyfriend could live together for 20 years without creating a common law marriage in Colorado. However, a relationship where the couple hold themselves out as married and intend actually to be married could be considered a marriage in a relatively short time. Here is a non-exclusive list of factors Colorado divorce courts look at when determining whether a common law marriage exists:
Whether the couple refer to themselves as married to third parties,
Filing joint federal or state tax returns,
Listing the other party as a spouse on insurance forms or retirement plans,
Joint finances, such as bank accounts, or owning property, and
The woman taking the man's surname.
No one factor is paramount, but typically claiming the other party as a "spouse" simply to gain a private economic advantage (health insurance, joint gym membership, etc), while potentially fraudulent, is not usually sufficient to establish a common law marriage in Colorado. A Colorado common law marriage is not simply living together or a casual relationship - it means the couple tells everyone they are married. Filing joint tax returns is widely regarded as the most important of these factors, since it means the couple is holding themselves out to the government, under penalty of perjury, as being married.
Spouses in a Colorado common law marriage enjoy all of the benefits of being married, in Colorado, other states, or in the eyes of the federal government, including the military. However, to prevent fraud, some institutions require proof of the common law marriage, either by showing joint tax returns, or filling out an affidavit swearing that a couple is married.
Plan on paying the alimony that you agreed to!!
