Colorado Alimony Lawyers
In Colorado, alimony is known as Spousal Maintenance. It is sometimes also referred to as Spousal Support. This is a court-ordered financial obligation from one spouse to the other following a divorce or legation separation. Its purpose is to transfer income from the higher-earning spouse to the lower-income spouse, to ensure both parties can sustain a suitable standard of living after the dissolution of their relationship. Our alimony attorneys in Colorado can guide you through this area of family law.
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Spousal Support and Alimony in Denver
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)
Such awards shall be:
- Fair/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.
Our alimony attorneys in Colorado can assist with negotiation, modification, mediation, enforcement, and litigation concerning spousal maintenance.
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The Court is required to undergo a Three-Step process when determining an award, or lack thereof, of Spousal Maintenance at any Permanent Orders Hearing. This is generally as follows:
Step 1:
When a party has requested maintenance in a dissolution of marriage, legal separation, or declaration of invalidity proceeding, before granting or denying an award of maintenance, the court shall make initial written or oral findings concerning:
- The amount of each party’s gross income;
- The marital property apportioned to each party;
- The financial resources of each party, including but not limited to the actual or potential;
- Income from separate or marital property;
- Reasonable financial need as established during marriage; and
- Whether maintenance awarded under this section would be deductible for federal income tax purposes by the payor and taxable income to the recipient.
Step 2:
After making the initial findings described above, the court shall determine the amount and term of the maintenance award, if any, that is fair and equitable to both parties after considering:
- The guidelines for the term and amount of maintenance, as outlined in the statute;
- All relevant factors, including:
- The financial resources of the recipient spouse;
- The financial resources of the payor spouse;
- The lifestyle during the marriage;
- The distribution of marital property;
- Both parties’ income, employment, and employability;
- The historical income of a party;
- The duration of the marriage;
- The amount and term of temporary maintenance;
- The age and health of the parties;
- Significant contribution to the marriage or the advancement of a party;
- Whether the parties’ circumstances warrant a nominal amount of maintenance; and
- Any other factor that the court deems relevant.
- Whether the party seeking maintenance has met the requirement for a maintenance award.
Step 3:
The court has the discretion to award maintenance, or not, based on the guidelines and factors considered in the previous steps, so long as the award is fair and equitable to both parties based upon the totality of the circumstances. The court must issue specific written or oral findings that support its award or denial of maintenance.
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Frequently Asked Questions
Can spousal maintenance be terminated?
Yes, maintenance can be terminated. Unless otherwise agreed in writing or expressly provided in the decree of dissolution of marriage the obligation to pay future maintenance is terminated upon:
- The death of either party;
- The end of the maintenance term, unless a Motion to Modify Maintenance is filed before the expiration of the term;
- The remarriage of or the establishment of a civil union by the party receiving maintenance; or
- A court order terminating maintenance.
If you have any questions regarding termination of maintenance, you can reach out to our alimony attorneys in Colorado.
Can spousal maintenance be modified?
Maintenance can be modifiable or non-modifiable. Parties can agree to contractual, non-modifiable maintenance, if the parties agree regarding the same, when they enter into a Separation Agreement as a result of a divorce proceeding. As the name suggests, non-modifiable maintenance cannot be modified. Non-modifiable maintenance is awarded only upon the agreement of both parties.
However, if parties agree to modifiable maintenance when they enter into a Separation Agreement, or if the Court orders maintenance after a dissolution of marriage hearing, the maintenance can be modified upon showing of changed circumstances so substantial and continuing as to make the terms unfair. For instance, a substantial income change could be considered as a basis for modification of maintenance.
Is alimony required in Colorado?
No. It is not mandatory in divorce cases. Alimony can be considered in a divorce case but ultimately, it is up to the judge whether it is granted or not.
How is alimony calculated?
According to alimony attorneys in Colorado and local state law, courts take 40% of the divorcing couple’s combined adjusted gross monthly income and subtract that from the lower-earning spouse’s monthly adjusted gross monthly income. If the parties’ combined adjusted gross income is $10,000.00 or less, the guideline maintenance amount would be 80% of the resulting number. If the parties’ combined adjusted gross monthly income is between $10,001.00 and $20,000.00, the guideline maintenance amount would be 75% of the resulting number. If the parties’ combined adjusted gross monthly income is higher than $20,000.00, then the court is not obligated to utilize the guideline calculator and may make the amount of maintenance based upon the factors stated in C.R.S. §14-10-114.
How Nexus can help
Our law firm advocates for clients’ rights to receive fair spousal maintenance payments, whether through negotiation or litigation. We also help clients seeking to modify or terminate existing spousal support orders. Our spousal maintenance practice covers a wide range of services, including:
Negotiation
We assist clients in negotiating spousal maintenance agreements that are fair and reasonable for both parties.
Modification
We help clients seeking to modify an existing spousal maintenance order due to a change in circumstances so substantial and continuing as to make the terms unfair, such as a job loss or a significant change in income.
Enforcement
We assist clients seeking to enforce a spousal maintenance order, including obtaining wage garnishments or other legal remedies to ensure spousal maintenance payments are made.
Why Choose Us
At Nexus Family Law Group, we understand the importance of spousal maintenance in ensuring both parties can move forward after a divorce or separation. Our experienced alimony attorneys in Colorado are dedicated to providing our clients with personalized attention and effective legal representation.
We have a deep understanding of spousal maintenance law and the intricacies of the spousal maintenance process, and we work tirelessly to achieve the best possible outcome for our clients.
Contact us today to schedule a consultation with one of our experienced lawyers.
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