Spousal Maintenance Lawyers

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Spousal maintenance refers to what many people think of as alimony – support that one spouse pays the other spouse (who has the financial need) during the divorce process and/or post-divorce. While spousal maintenance is not a factor in every divorce, it does play an important financial role in some cases. If you have concerns related to spousal maintenance, contact our knowledgeable divorce attorneys with extensive experience in spousal maintenance today.

Colorado Spousal Maintenance

Spousal maintenance is a payment made by a higher-earning spouse to a spouse with lower or no earnings – during and/or after the divorce process. While no one under Colorado law is automatically entitled to such support, the court takes the specifics of each divorce into consideration in making this important determination (unless a couple agrees to such maintenance on their own terms).

Categories of Support

Colorado recognizes several categories of spousal maintenance, including:

Who Receives Spousal Maintenance?

The court’s only concern when it comes to determining who will receive spousal maintenance is that such an award is equitable in light of the given situation. Further, the requesting recipient must be able to demonstrate a financial need, and the other spouse must have the financial ability to pay. The court carefully weighs the circumstances involved in making its determination regarding the type, duration, and amount of spousal maintenance in every given case.

Seek the Legal Counsel of our Experienced Colorado Spousal Maintenance Attorneys Today

While spousal maintenance isn’t always a factor in divorce, it is an important financial tool for some. At CNL Law Firm, PLLC, our dedicated spousal maintenance attorneys have extensive experience helping clients like you obtain the spousal maintenance to which they are entitled and that they need to continue moving forward post-divorce. Our legal team is here for you, so please don’t hesitate to contact us online or call us at (720) 370-2171 for more information today.

 

The court’s only concern when it comes to determining who will pay and receive spousal maintenance is that such an award is equitable in light of the given situation. Further, the requesting recipient must be able to demonstrate a financial need, and the other spouse must have the financial ability to pay. The court carefully weighs the circumstances involved in making its determination regarding the type, duration, and amount of spousal maintenance in every given case.

In Colorado, the determination of spousal support, or alimony, incorporates a specific calculation method. The courts typically take 40% of the higher earner’s gross income and subtract 50% of the lower earner’s gross income. The resulting difference is then divided by 12 to ascertain the monthly alimony payment.

However, it’s not simply about income. Other factors that play significant roles include:

  • the division of marital property
  • the financial resources each spouse has at their disposal
  • the presence and custody of children
  • and whether child support has been ordered

Additionally, the courts take into account each spouse’s educational background and career history throughout the marriage. It is important to note that these alimony payments are generally considered for federal income tax purposes.

Therefore, the spousal support determination process hinges on a comprehensive review of the financial and familial circumstances in each case.

No, spousal maintenance is not mandatory in Colorado. The decision to order one spouse to pay temporary spousal maintenance hinges upon a thorough evaluation of the recipient spouse’s ability to secure appropriate employment and sustain themselves financially post-divorce. If the court determines that the recipient spouse possesses adequate financial resources or a viable means to generate taxable income, it may forego the issuance of a spousal maintenance order. Therefore, it’s critical to provide compelling evidence demonstrating your spouse’s capacity for financial self-sufficiency to potentially avoid the responsibility of spousal temporary maintenance payments.

The duration for which spousal support must be paid in Colorado is determined by the length of the marriage. Guidelines for calculating maintenance based on actual or potential income features:

  • For a marriage of 3 years, 31% of the combined monthly adjusted gross income is paid for 11 months.
  • For a marriage of 5 years, 35% of the combined monthly adjusted gross income is paid for 21 months.
  • For a marriage of 10 years, 45% of the combined monthly adjusted gross income is allocated for 54 months.

In each scenario, the payment duration and percentage are designed to meet his or her reasonable needs.

If the financial circumstances of a divorcing couple in Colorado reveal that one spouse requires support and the other has the capacity to provide it, Colorado courts are authorized to award maintenance. This could be in the form of temporary support, rehabilitative assistance, reimbursement, or sometimes, permanent alimony.

In Colorado, under the purview of the Colorado Revised Statutes, Title 14, Article 10, Section 114, the alimony or spousal maintenance typically concludes upon the occurrence of two distinct events. Firstly, the death of either the payor or the recipient can halt the alimony payments. Secondly, if the recipient spouse decides to remarry, the obligation to continue paying alimony ceases. This rule applies to separate or marital property, and it is an important consideration in the overall framework of alimony in Colorado. Therefore, following a remarriage, the requirement to continue alimony payments becomes null and void, and this decision is irrevocable.

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