Spousal support, commonly referred to as “alimony” or “spousal maintenance,” serves as a financial arrangement between spouses following a separation or divorce. At Nexus Family Law, our alimony attorneys will help you navigate your options. Keep reading to learn more about spousal support in Colorado, including qualifications and legal obligations.
What Is Spousal Support?
Spousal maintenance can be ordered in an action for dissolution of marriage, an action for legal separation, or an action for declaration of invalidity of marriage. At the time of permanent orders in dissolution of marriage, legal separation, or declaration of invalidity proceedings, and upon the request of either party, the court may order the payment of maintenance from one spouse to the other according to the provisions of the statute. (C.R.S. §14-10-114)
These awards shall be:
- Fair and equitable: In an amount and for a term that’s fair and equitable to both parties; and
- No fault: Made without regard to marital misconduct.
Different Types of Spousal Support: Temporary, Rehabilitative, Permanent
Who Can Qualify for Spousal Support in Colorado?
The qualification for spousal support varies by jurisdiction but typically hinges on several key factors, including the length of the marriage, the disparity in incomes, and the financial needs of the requesting spouse. Courts typically assess whether individuals seeking assistance are able to support themselves and whether the marriage contributed to their becoming financially dependent.
For example, a spouse who sacrificed their career to raise children or support their partner’s career may be viewed as more likely to qualify for assistance, especially if the marriage lasted several years.
Ultimately, navigating the complexities of spousal support requires careful consideration. It’s important to seek legal advice for spousal support from an experienced Colorado family law firm.
Factors Considered in Determining Spousal Support
In Colorado, several critical factors influence the determination of spousal support.
Income and Financial Needs
One of the primary considerations is each spouse’s financial situation. This analysis is crucial as it helps establish a fair and equitable resolution for the spouse who may require financial assistance following a divorce. The court considers various factors, including each party’s income, expenses, assets, and liabilities. By evaluating these elements, judges can assess each individual’s financial stability and the necessary support to maintain a comparable lifestyle post-divorce.
Length of the Marriage or Partnership
The length of the marriage is also a determining factor in spousal support. Longer marriages are generally associated with more significant financial interdependence, which can potentially result in longer durations of support. The court will also assess the couple’s standard of living during the marriage.
Contributions (Financial and Non-Financial)
Courts also consider each spouse’s contributions to the marriage. These include non-monetary contributions such as homemaking or caregiving, which can impact the household’s economic status. Childcare responsibilities can also be considered when the court considers contributions to the marriage.
Colorado courts aim to arrive at an equitable arrangement that reflects the unique circumstances of each case. If you are seeking spousal maintenance, it’s essential to get legal advice from the most reputable family attorney Denver has to offer.
How Spousal Support in Colorado Is Calculated
The court uses a specific formula when determining the amount of spousal support a party is entitled to. This is why accurate documentation is so crucial in the process. It’s important that you and your divorce lawyer present comprehensive financial disclosures, including income statements, tax returns, and details of your assets and liabilities. The evidence you provide gives a clearer picture of your financial reality and plays a pivotal role in ensuring a fair determination for alimony.
Gross Maintenance
When courts evaluate spousal support, they begin by calculating what is known as gross maintenance, a crucial first step in determining the financial obligations of the higher-earning spouse. Gross maintenance is computed as 40% of the combined adjusted gross income minus the lesser-earning spouse’s adjusted gross income. If this calculation yields a negative figure, spousal maintenance is set at $0.00, indicating that the court has determined that no financial support is warranted in that specific case.
After establishing the gross maintenance amount, the next step is to calculate net maintenance, which reflects the actual amount payable between the spouses.
Net Maintenance
The calculation of net maintenance is based on the Combined Adjusted Gross Income (CAGI) of the parties involved. If the CAGI is less than $120,000 per year, the gross maintenance amount is multiplied by 80% to arrive at the net maintenance figure. For those with a CAGI ranging from $120,001 to $240,000, the gross maintenance is reduced using a multiplier of 75%.
In situations where the CAGI exceeds $240,000, these guidelines do not apply, and the court is required to assess specific factors related to maintenance stated in C.R.S. §14-10-114, such as the duration of the marriage, the standard of living during the marriage, and the recipient’s financial circumstances. This structured approach helps ensure that the determination of spousal support remains equitable and aligns with the financial realities of both individuals post-separation.
Nexus Family Law is here to assist you with your spousal support request. Our law firm advocates for your rights to receive fair spousal maintenance payments. You can trust that a qualified divorce attorney in Denver can help you reach a fair solution.
Modifying or Terminating Spousal Support
Spousal support in Colorado can be modifiable or non-modifiable, depending on what the parties agreed to when they entered into a Separation Agreement as a result of the divorce proceeding. If both parties agreed to modifiable maintenance, then specific circumstances could be considered a basis for modification.
Some of these situations might include changes in income, employment status, or remarriage. The spouse seeking modification or termination must demonstrate a substantial change in circumstances that justifies altering support obligations.
Our Denver divorce lawyers understand the importance of spousal maintenance in ensuring that both parties can move forward after a divorce or separation. We can assist you in modifying an existing spousal maintenance order.
Enforcing Alimony and Spousal Support in Colorado
Enforcing spousal support can be a complex process that requires both legal knowledge and an understanding of the personal dynamics between former partners. While a court may have adjudicated the amount and duration of support, problems can arise when the obligated party fails to comply with the payment terms.
In these cases, it’s essential that the receiving spouse takes action to enforce the support order, often through legal channels. We help our clients seek enforcement of a spousal maintenance order through wage garnishments or other legal remedies to ensure that payments are made.
Top-Rated Alimony Attorneys in Colorado
When navigating the complexities of spousal support cases, relying on expert legal guidance is essential. Spousal support, or alimony, is a critical financial arrangement that can significantly impact both parties’ futures following a dissolution of marriage.
At Nexus Family Law, our attorneys can provide clarity on factors such as the duration of support, the amount, and potential modifications. We have the expertise to ensure that you are always aware of your rights and obligations. More importantly, we’ll help you formulate a well-informed strategy to secure a fair outcome with the best divorce attorney Denver has available.