Problems Getting The Alimony You Deserve?

Alimony Can Be One Of The Most Contentious And Hard-Fought Battles Of Divorce

Get A Divorce Lawyer Who Will Fight For The Alimony You Deserve!

Is Alimony A Right?

Alimony, commonly referred to as spousal maintenance in Colorado, is a financial support that one spouse may be required to pay to the other during or after a divorce or legal separation.

The purpose of alimony is to mitigate any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. In the context of Colorado law, several key elements and guidelines govern the determination, calculation, and modification of alimony payments. The statutory framework for these provisions is detailed in Colorado Revised Statutes (C.R.S.) § 14-10-114.

Determination of Alimony

The determination of whether alimony is warranted involves consideration of various factors, including but not limited to the duration of the marriage, the financial resources of each party, the lifestyle during the marriage, and the age and health of both parties. Not every divorce or legal separation in Colorado results in an alimony award. The decision to award alimony is at the discretion of the court, based on its assessment of the financial circumstances of both parties and their ability to support themselves while maintaining a standard of living close to that enjoyed during the marriage.

Calculation of Alimony

Once the court decides that alimony is appropriate, the amount and duration of payments are calculated based on guidelines provided in the Colorado statutes. These guidelines apply to couples whose combined annual gross income is less than $360,000 (as of the last update, but this threshold may be adjusted for inflation or statutory amendments). The formula for calculating maintenance is essentially 40% of the higher earner’s monthly adjusted gross income minus 50% of the lower earner’s monthly adjusted gross income. However, the resulting amount cannot cause the recipient’s income to exceed 40% of the combined monthly adjusted gross income of both parties.

For marriages lasting between three and 20 years, there is a guideline for the duration of maintenance payments that scales with the length of the marriage. Marriages of less duration may still result in maintenance awards, but the statutes provide less guidance, leaving greater discretion to the court.

Modification of Alimony

In Colorado, alimony orders can be modified if there is a continuing and substantial change in circumstances. Such changes might include significant shifts in either party’s income, employment status, or health, among other factors. To modify alimony, the party seeking the change must file a motion with the court, demonstrating how the circumstances have changed since the original order was made.

Termination of Alimony

Alimony payments typically terminate upon the death of either party or the remarriage of the recipient. In some cases, cohabitation of the recipient with a third party in a marriage-like relationship can also lead to termination or modification of alimony, depending on the specifics of the original order and state law.

Legal Considerations Of Alimony

It’s essential for individuals going through a divorce or considering the modification of an existing alimony order in Colorado to consult with a legal professional.

An attorney specializing in family law can provide guidance tailored to the individual’s situation, considering the complexities of the law and the specific facts of the case. Given the potential variability in how courts may interpret and apply the guidelines, legal advice is invaluable in navigating the process and advocating for a fair outcome.