Divorce often brings significant financial changes. This is particularly true when one spouse has relied on the other for income or for career support. In Colorado, spousal support is designed to help address financial imbalances that arise when a marriage ends.
Spousal support or maintenance may be awarded when there is a financial disparity between the spouses and one spouse is unable to financially support themselves. A couple may also agree to spousal maintenance as part of a separation agreement or in a prenuptial agreement. Our Denver spousal support attorneys can help you understand your rights related to alimony and can advocate for your best interests.
At Solutions Based Family Law, we offer thoughtful legal representation to clients dealing with divorce and other family law matters. We can help to establish spousal support or request a post-decree modification if the need arises in the future. Contact us today to schedule a consultation with a Denver divorce lawyer.
What Is Spousal Support?
Spousal support (referred to as maintenance in Colorado) is a court-ordered payment from one spouse to the other after a divorce or legal separation. Its purpose is not to punish one spouse or reward the other spouse. Instead, the goal is to provide financial assistance when there is a disparity in income or earning capacity between the spouses.
Maintenance may be:
- Temporary: paid only during the divorce process
- Rehabilitative: short-term support to help a spouse become self-sufficient
- Long-term: paid in certain cases involving lengthy marriages or significant financial disparities
Each case is unique, and determinations related to spousal maintenance are very fact-specific. The type, amount, and duration of support will be based on the specific circumstances of the marriage.
How Spousal Support Is Determined in Colorado
Colorado uses statutory guidelines to help courts determine the amount and duration of maintenance in many cases. However, these guidelines are not mandatory in all situations, particularly in divorces involving a spouse with a high income. For this reason, judicial discretion still plays a role in determining spousal support/alimony.
For couples whose combined annual gross income falls within a certain range, courts may apply a formula to calculate maintenance. This formula is based on two main factors: (1) the spouse’s income and (2) the duration of the marriage. Courts can deviate from this formula amount if the result would be unfair or inappropriate.
When considering whether to award maintenance and the amount of maintenance, Colorado courts evaluate a variety of factors. This includes:
- Financial Resources of Each Spouse: This includes income, assets, and the ability of each spouse to meet their reasonable needs independently.
- Standard of Living During Marriage: Courts aim to help both parties maintain a lifestyle that is reasonably comparable to what they experienced during the marriage, when possible.
- Duration of the Marriage: Longer marriages are more likely to result in maintenance awards, and for longer durations.
- Age and Health of Both Parties: Physical and emotional health can impact a spouse’s ability to work and support themselves.
- Earning Capacity and Employment History: If one spouse sacrificed career opportunities to support the household or raise children, that will be taken into account.
- Contributions to the Marriage: This includes both financial contributions and non-financial contributions, such as homemaking and child-rearing.
Temporary maintenance may be awarded while the divorce is pending. This helps to ensure that both spouses can meet their financial obligations during the legal process.
After a divorce is finalized, the court may order ongoing maintenance. In many cases, this maintenance is rehabilitative. This means that it is intended to provide support while the receiving spouse gains education, training, or employment.
In longer marriages or in situations where one spouse is unlikely to become self-supporting, maintenance may be awarded for a longer period of time. However, awards of permanent lifetime spousal support are relatively rare. This type of spousal support is usually reserved for more exceptional circumstances.
These factors are what a court will consider when deciding maintenance. However, it is entirely possible for a couple to come to an agreement on spousal support as part of a divorce settlement, just as they can come to an agreement on property division and the allocation of parental responsibilities. Understanding how a court will determine maintenance can often help negotiations move forward.
Modifying Spousal Support
Life circumstances can and do change. A spousal maintenance order is not necessarily set in stone. If your financial situation changes, that may justify a change to your spousal support order.
Either party may request a modification if there has been a substantial and continuing change in circumstances. Examples that may justify a modification include:
- Job loss
- Significant change in income
- Serious illness or disability
- Substantial change in financial needs
Courts will review the request for a modification and any evidence submitted in support of it. A judge will then determine if an adjustment is appropriate.
Spousal maintenance can also be terminated. Maintenance may end when the agreed-upon or court-ordered term expires or when either party passes away. It will also terminate when the receiving spouse remarries. In some cases, maintenance may also terminate if the receiving spouse enters into a supportive cohabiting relationship.
How a Denver Family Law Attorney Can Help
Spousal support is not automatic in Colorado divorce and legal separation cases. A spouse will have to request spousal maintenance, and the court will evaluate each request based on the facts of the case. Having a lawyer can make a substantial difference when it comes to determining spousal support.
An award of spousal maintenance can have long-lasting financial consequences for both parties. For the receiving spouse, it can make a huge difference in their ability to support themselves. For the paying spouse, it can be a long-term financial burden.
Working with an experienced attorney ensures that your interests are protected at every stage of the process. A Colorado spousal maintenance lawyer can evaluate whether maintenance is likely in your case and calculate potential payment amounts under Colorado guidelines. They can also advocate for fair terms in negotiations or in court.
There are tax considerations that come along with spousal maintenance orders as well. Your lawyer can explain how maintenance payments affect your finances and help you plan for your financial future.
An attorney can also help with enforcement issues. If your ex fails to comply with a court-ordered maintenance obligation, your attorney can seek legal remedies like wage garnishment, contempt of court proceedings, or liens or other collection methods. Taking prompt action can help to ensure that support payments are made as required.
Finally, a Denver spousal support lawyer can assist you with negotiating alimony terms through a prenuptial agreement, postnuptial agreement, or as part of a settlement agreement during the divorce process. Negotiating spousal maintenance is often preferred, as there is more certainty and predictability when spouses work out an agreement themselves rather than leave it up to the discretion of the court.
Having knowledgeable legal guidance can make a significant difference in the outcome of your case. Whether you work out an agreement or go to court, our Denver spousal support attorneys will advocate for your best interests.
Talk to a Denver Spousal Support Lawyer
Spousal maintenance is not awarded in every Colorado divorce case. However, if you and your soon-to-be-ex have a significant financial disparity, then it may be appropriate in your case. Our law firm can help you navigate the divorce or legal separation process and advise you of your rights related to spousal support.
Solutions Based Family Law is a skilled family law firm based in Denver that offers comprehensive legal representation to individuals and families dealing with a range of Colorado family law matters. We offer strategic legal advice that is focused on achieving the best possible outcome for our clients. To learn more or to schedule a consultation with a Denver spousal maintenance attorney, give us a call at 866-546-6845 or fill out our online contact form.