An often contentious aspect of divorce is alimony—called “spousal maintenance” in Colorado. When determining whether or not awarding spousal maintenance paid from one spouse to the other is appropriate during divorce, the court considers many factors, including the total gross incomes of both spouses, each spouse’s share of the marital assets, and the duration of the marriage.
Before applying the state’s guidelines for calculating alimony, the court first determines whether or not the circumstances of the marriage and divorce make one spouse eligible for alimony. This requires proving that a financial need exists. Reach out to our Colorado divorce lawyers for a free case review.
Under Colorado’s Revised Statutes Title 14. Domestic Matters § 14-10-114 the court outlines its rules for determining when alimony is appropriate and the state’s guidelines for arriving at terms for the amount and duration of an alimony order. The statute states the following:
“The general assembly hereby finds that: the economic lives of spouses are frequently closely intertwined in marriage and that it is often impossible to later segregate the respective decisions and contributions of the spouses; and consequently, awarding spousal maintenance may be appropriate if a spouse needs support and the other spouse has the ability to pay support.”
Under this law, a spouse requesting spousal maintenance must provide evidence of their financial need for alimony going forward after the divorce.
During a Colorado divorce, both spouses must submit full financial disclosures. Requesting spousal maintenance requires the spouse seeking alimony to prove that they need financial support from the other spouse to meet their reasonable needs based on the standard of living they enjoyed during the marriage. When a judge assesses a spouse’s reasonable need, they consider the following evidence:
It’s important to note that the court does not expect one spouse to liquidate their share of the marital property to support themself while the other spouse does not have to access their share of the property, as this doesn’t meet the standard of a fair and equitable division.
Instead, if one spouse’s financial circumstances following a divorce place them in financial need and the other spouse has the resources to pay alimony, the court will include orders for spousal maintenance in the divorce decree.
When divorcing spouses separate during the divorce process, one spouse may face an immediate financial need. To prevent one spouse from experiencing financial hardship, a temporary order for spousal support requires petitioning the judge in the jurisdiction for temporary payment during the divorce process. The judge reviews the financial documents and may or may not approve the temporary order.
When the judge issues the final dissolution of the marriage at the end of the process, they may make the temporary order for alimony permanent, or they could dissolve the order or change the amount of the support, depending on their findings.
The term “permanent” spousal maintenance does not mean that one spouse pays the other spouse alimony indefinitely. A permanent order puts a long-term plan in place for the higher-earning spouse to pay the lower-earning spouse a specific monthly amount for a pre-determined duration—often for about half of the number of years the spouses were married. The spousal support process can be complicated; speak to our alimony attorneys in Denver for help today.
A spousal support order prevents one spouse from experiencing an unfair decline in their lifestyle or significant financial hardship after a divorce. It’s critical to ensure that the financial documents you submit help the court to assess your need accurately.
Call the experienced spousal maintenance lawyers in Colorado at Ciancio Ciancio Brown, P.C. at (303) 451-0300 for guidance and skilled legal representation throughout the divorce process for the best possible outcome, including for your request for alimony payments in Colorado court.
