Factors Considered in Alimony Decisions

Factors Considered in Alimony Decisions

Divorce changes nearly everything, and your finances are no exception. For some couples, divorce involves paying alimony to their ex-spouse. If you think you are owed alimony or shouldn’t have to pay it, speak with an experienced alimony attorney as soon as possible.

Alimony, which is also called spousal maintenance in Colorado, involves payments that a higher-earning spouse makes to the other spouse during a separation or following a divorce. The purpose of the payments is to ensure that the lower-earning spouse isn’t insolvent during or after the divorce process. 

However, it’s imperative to note that neither spouse is automatically entitled to receive support from the other under Colorado laws. Unless the spouses agree, the court must award and calculate spousal support payments depending on the facts of each case. Aurora alimony lawyers can help you negotiate alimony payments or ensure that they are calculated appropriately by the family court.

Eligibility for Colorado Spousal Support

Colorado family courts will look at many different factors to determine if one spouse should receive spousal support, and if so, how much they should receive and for how long. Generally, courts will only entertain the possibility of alimony payments if a couple has been married three years or more. It’s a myth that only women receive alimony. Instead, judges consider if awarding support is fair and equitable. One party needs to demonstrate a need to receive it, and the other one must be able to afford to pay it

Factors that can impact a spouse’s ability to receive alimony payments include:

  1. Each spouse’s financial resources
  2. Actual or potential income from separate or marital property
  3. The ability of the paying spouse to meet each spouse’s financial needs
  4. The spouses’ lifestyle during the marriage
  5. Property distribution in the divorce and its tax implications
  6. The income, employment, and employability, obtainable through reasonable diligence and additional training or education of each party
  7. If one spouse has historically earned more or less income than the income reflected at the time of the permanent orders and the extent and consistency of income from overtime or secondary employment
  8. The duration of the marriage
  9. The sum and duration of temporary support during the divorce proceedings
  10. The age and health of each spouse, including whether they have significant health care needs or uninsured or unreimbursed health care expenses
  11. If either spouse meaningfully contributed to the other’s economic, educational, or occupational advancement

Talking with your Aurora alimony attorneys is the best place to start when trying to determine if you might need to pay or are entitled to receive spousal support. Like most other areas of divorce, this will be determined on a case-by-case basis. Some spouses are able to negotiate alimony out of court, while others might need to take this issue to trial.

Questions about Spousal Support? Reach out to Experienced Aurora Alimony Lawyers Today

At the CNL Law Firm, PLLC, we have extensive experience helping divorcing clients just like yourself sort out the next chapter in their lives. Suppose your next chapter might include the payment or receiving of alimony. In that case, we can help ensure that everything is done according to Colorado’s family laws. You can receive your complimentary case review by calling (720) 370-2171 or using our online form.

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