Colorado’s divorce law strives for a fair and equitable division of assets to prevent one spouse from suffering financial hardship or an unfair decline in their accustomed style of living. In some circumstances, even after the fair division of assets, a lower-earning spouse may seek spousal support from a higher-earning spouse to uphold their standard of living.
Courts commonly award spousal support in these circumstances under the state’s Revised Statute 14-10-114, which states that “… awarding spousal maintenance may be appropriate if a spouse needs support and the other spouse has the ability to pay support…” But what happens when one spouse remarries? When can a spouse seek a modification of their spousal support order after a remarriage? Contact our Denver spousal support attorneys for help today.
During a divorce, one spouse commonly seeks spousal support from the other if they are a lower earner and there’s a significant discrepancy between the financial resources of one spouse compared to the other despite the fair and equitable division of their marital assets. A court is most likely to order spousal support under circumstances such as the following:
Colorado’s Domestic Matters Statute also provides guidelines for determining the amount and duration of a spousal support order based on the incomes of both spouses, any income generated by their assets and properties, and the length of time they were married.
The court generally does not consider a request for a modification of spousal support based on a paying spouse’s remarriage since this does not impede the paying spouse’s ability to pay and does not benefit the recipient’s financial circumstances.
If the spouse who receives spousal support remarries, the spousal support order automatically ends. It does not require the paying spouse to seek a modification of the order. The only exception to the automatic termination of the order exists under rare circumstances when the divorce settlement agreement includes specific terms stating that spousal support continues even after the receiving spouse’s remarriage.
Modifying a spousal support order is possible when either the paying spouse or the receiving spouse experiences a substantial change in financial circumstances such as involuntary job loss, involuntary work hour reduction, or a medical condition that diminishes their earning ability.
A judge will only consider modifying a binding order for spousal support if a spouse’s change in circumstances is substantial and continuing. They may also consider a modification request if the receiving spouse is living with someone else with a “marriage-like” relationship including shared financial accounts and living expenses.
A request for modification requires the petitioner to provide strong evidence supporting their case. Speak to our family attorneys in Denver for a free case evaluation.
Spousal support orders have a significant impact on both spouses as they move forward after a divorce. If you have questions about modifying your spousal support order in Colorado due to a change in circumstances or remarriage, call the experienced attorneys at Ciancio Ciancio Brown, P.C. for skilled legal representation that gets favorable results.
