Divorce can be a complex and financially straining process, especially when it comes to determining who pays the f...Read more
You are not alone if you are going through a divorce and have questions about spousal maintenance. This is a complicated process that can be difficult to understand.
Among the most common issues associated with divorce include the modification of spousal maintenance in Colorado. What factors do the courts consider when deciding about modification, and what tips can individuals use to prepare their case best?
File a motion with the court if you are currently paying or receiving spousal maintenance and believe the amount should be changed. The court will then consider the following factors:
One of the most critical factors that the court will consider when deciding whether to modify spousal maintenance is the financial resources of both parties. If one spouse has become significantly wealthier or poorer since the original issued order could be grounds for modification.
However, it is necessary to note that simply because one party’s financial situation has changed does not mean that the court will automatically modify the order. Each case will be determined on its own merits.
Age and health are also essential factors that the court will consider when deciding whether to modify spousal maintenance. If one spouse is significantly older or in poorer health than when the original order was issued, it could be grounds for a modification.
However, as with financial resources, simply because one party’s age or health has changed does not mean that the court will automatically adjust the order.
The court will also consider the standard of living that the parties enjoyed during the marriage. If one spouse can no longer afford the same standard of living before the divorce, this could be grounds for modification. But if the parties can still afford to maintain their current standard of living, the court is less likely to award a modification.
The length of the marriage is another important factor that the court will consider when deciding whether to modify spousal maintenance. If the marriage was short, the court is less likely to award a modification than if the marriage was long.
If you are seeking a modification, it is vital to have an experienced attorney on your side who can help you navigate the process and present your case in the best possible light.
Some common life changes that could affect your ability to pay (or receive) spousal maintenance include:
If you believe that your ability to pay (or receive) spousal maintenance has changed, you must file a motion with the court. The court will then consider the above factors to decide whether or not to modify the amount of spousal maintenance.
It is important to note that the court will only consider modifying spousal maintenance if there has been a significant change in circumstances. If you have only experienced a minor modification, such as a small raise or promotion, it is unlikely that the court will modify the amount of spousal maintenance.