Spousal maintenance (alimony) is often the most hotly contentious aspect of divorce in Colorado. In a spousal maintenance order, a judge directs the higher-earning spouse to pay monthly support to a lower-earning or non-earning spouse. Spousal maintenance orders are also sometimes called “spousal support.” These payments are meant to prevent a sudden dramatic change in lifestyle for one spouse after the divorce.
Marriage is a legal contract between two individuals as well as an emotional bond. Breaking that contract causes legal repercussions that may include spousal maintenance payments.
Colorado addresses spousal maintenance under Colorado Revised Statutes Title 14. Domestic Matters § 14-10-114 which 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.
The statute outlines the court’s ability to award maintenance payments from one spouse to the other when issuing permanent orders during the dissolution of a marriage.
If one spouse faces immediate financial hardship during the separation and divorce process, they may request temporary spousal maintenance payments until the finalization of the divorce. Once the judge issues the final decree, it may or may not include permanent spousal maintenance orders depending on the circumstances of the case.
If the distribution of the spouse’s marital assets alleviates the spouse’s hardship, the judge may choose not to award further maintenance. Any maintenance ordered at the final hearing is called “permanent maintenance orders” even though they typically have a time limit.
A judge may award one spouse spousal maintenance during and after a divorce if the divorce will cause financial hardship or an alteration in the lifestyle they enjoyed during the marriage. There are specific circumstances that make an order for spousal maintenance appropriate in the eyes of Colorado family courts. For instance, spousal support may be in order if the following conditions existed during the marriage:
An award for spousal maintenance has a substantial impact on both parties after the divorce and is separate from child support orders. While child support is an automatic obligation under the law and follows a formula to calculate the amount and determine which parent pays and which is the recipient, spousal support is decided on an individual, case-by-case basis.
In 2022, Colorado revised § 14-10-114, to include specific standards for determining the amount of spousal support awarded to a lower-earning spouse from the higher earner due to a lack of consistency in the amount and duration of spousal maintenance awards between Colorado jurisdictions. The statute provides a framework to assist courts in crafting maintenance awards that uphold the “fair and equitable” standard while also supporting greater consistency.
When determining the amount of spousal support, the courts consider the following:
Finally, the court considers the length of the marriage to determine the duration of the spousal support order. Contact our family lawyers in Denver for legal help today.
Only under rare circumstances does a judge order permanent spousal support in Colorado, for instance, after a long-term marriage when one spouse’s age or medical condition prevents them from working. In most cases, spousal support orders are rehabilitative, or put in place for a specific amount of time.
During that time, the recipient must take steps to become self-sufficient by seeking employment, increasing their work hours, or furthering their education to secure a higher-paying position.
No two spousal maintenance orders in Colorado are identical because a judge has the ultimate discretion in setting the terms of an order. Still, the court often uses the length of the marriage as a measure for the duration of the order. The average permanent spousal support order extends for about half of the length of the marriage. For instance, if the marriage lasted ten years, it’s common for a spousal support order to last for about five years.
When a court issues spousal maintenance orders as part of a divorce decree, it considers one spouse’s modification request only under specific circumstances. For instance, if the spousal support recipient experiences a significant change in circumstances such as reduced working hours, job loss, or a medical condition that impedes their ability to be self-sufficient.
Under these circumstances or if the recipient receives information about the other spouse’s significant pay increase or financial windfall, the receiving spouse may request an increase in the amount or duration of the order.
Similarly, a paying spouse may request a modification of their spousal maintenance order if they suffer an adverse change in their financial circumstances or medical condition.
A divorced spouse may also request a modification if they determine that the other spouse misrepresented their income or assets during their financial disclosure.
To request a modification of an existing spousal maintenance order requires filing a motion for the change and presenting strong supporting evidence in court.
If you’re facing spousal support orders in your divorce or seeking an order for temporary or permanent spousal maintenance, the Denver alimony and spousal support lawyers at Ciancio Ciancio Brown, P.C. are ready to put our decades of experience in this area of Colorado divorce law behind your case. Reach out to our spousal maintenance attorneys today to set up a consultation.
