How Long Could Spousal Maintenance Payments Last in Colorado?
When you are getting divorced in Colorado, it is not uncommon for one spouse to request spousal maintenance from the other. But that doesn’t mean that spousal maintenance is a guarantee.
In cases where spousal maintenance is awarded, the amount of time one spouse is ordered to make payments to the other can vary considerably depending on where you are at in your divorce proceedings.
Colorado family attorney Mitch Geller can help you fight for your rights, whether you seek spousal maintenance or expect your spouse to seek spousal maintenance.
Colorado Spousal Maintenance Laws
Many spouses assume that under the law, the higher-earning spouse must pay alimony, known in Colorado as spousal maintenance, to the lesser-earning spouse. But this is not the case.
In fact, under the law, spousal maintenance may only be awarded in cases where there is a considerable income gap that prevents one spouse from maintaining their standard of living or hiring a divorce attorney to represent their interests.
When is Long-Term Spousal Maintenance Awarded in Colorado?
Spousal maintenance can be temporary, short-term, or long-term. Temporary spousal maintenance payments will only last until the terms of your divorce have been finalized.
Short-term spousal maintenance may give the lesser-earning spouse a specific amount of time to obtain gainful employment and begin covering their living expenses.
But long-term spousal maintenance is different. This can go on for years or indefinitely, depending on the details of your case. Some of the various factors that are taken into account when determining spousal maintenance awards in CO include:
Both spouse’s employment history
Both spouse’s income
Both spouse’s individual and marital debts
Both spouse’s living expenses
Both spouse’s education
Your child custody and support arrangements
Both spouse’s physical and mental health
Both spouse’s marital contributions
The length of time spousal maintenance lasts in Colorado is also reliant on how long you were married. Depending on the length of your marriage, you could have a spousal maintenance order as short as eleven months or an indefinite order. You can find out more about what might happen with spousal maintenance in your divorce when you contact a reputable Colorado divorce attorney.
How to Stop Long-Term Spousal Maintenance
When a spousal maintenance order is implemented as part of your divorce settlement, it will remain in place until the set expiration date as specified in your divorce. Spousal maintenance will not be canceled until this date unless you petition the court to have your existing spousal maintenance order modified.
For your request to be granted by the courts, you will need to be able to show that you have good cause for requiring a modification to your CO spousal maintenance order. Some valid reasons to grant a modification request include:
The spouse paying support loses their job
If either spouse remarries
If the spouse paying maintenance has additional children
If the spouse receiving spousal maintenance has an increase in income
If the spouse paying support becomes physically unable to continue earning a living
These are just a few examples of instances where a judge may be willing to grant a spousal maintenance modification request in Colorado. The courts may elect to reduce the amount of the spousal maintenance order, temporarily suspend required payments, or terminate the order depending on the details of your case.
Your Colorado family lawyer can help you gather the necessary evidence and documentation you will need to prove to the judge that your spousal maintenance modification request should be granted. This might include bank statements, marriage records, medical documentation, employee records, and other supporting evidence.
Get Help From a Spousal Maintenance Lawyer in Colorado
Spousal maintenance payments are not a guarantee in any Colorado divorce. When you need help calculating potential spousal maintenance amounts or arguing that spousal maintenance is not appropriate for you, it's critical to seek out the support of a lawyer who knows the lay of the land.
Reach out to Colorado family lawyer Mitch Geller today to schedule your initial case review. You can reach us through our quick contact form or by phone at 720-696-7897.