When Can I Get a Spousal Maintenance Award in Colorado?
Myths surrounding spousal maintenance in Colorado aren't uncommon. Many people believe that spousal maintenance is consistently awarded, applied temporarily as soon as divorce is filed, or that spousal maintenance lasts for life. Whether you're a spouse planning to seek spousal maintenance or expect your spouse to seek spousal maintenance from you, you need to know about these myths and the truth. Only then can you prepare for how the courts decide in your divorce settlement. Family law attorney Mitch Geller is here to represent you and your interests in your divorce, so you don't risk getting taken advantage of during this challenging time in your life.
What Is Spousal Maintenance?
Sometimes referred to as alimony, the state of Colorado does provide opportunities for a lesser-earning spouse to be awarded spousal maintenance. These are funds that the higher-earning spouse will pay to the lesser-earning spouse. But it is by no means a guarantee. Only in situations where one spouse requires the financial support of the other to maintain their standard of living will spousal maintenance awards be granted. There is also a common misconception that spousal maintenance awards are lifelong. On the contrary, the court has the authority to determine how long a spouse can be awarded spousal maintenance and how much, if any.
How Are Spousal Maintenance Awards Determined?
There are several types of spousal maintenance in Colorado. There is temporary maintenance and statutory maintenance. Temporary maintenance is paid after a temporary orders hearing is held. This usually occurs three to four months after the date of filing.
The judge can award permanent maintenance once the divorce has been finalized.
There are multiple factors that the family courts will consider when determining whether spousal maintenance should be awarded. At its most basic level, this boils down to one person’s need versus the ability of the other to pay.
To determine this, the court will look at factors like: Both parents will be happier
Income of both spouses
Living expenses for both spouses
Their lifestyle during the marriage
Potential earning capacity for both spouses
The length of the marriage
The division of your marital property, assets, and debts
Whether the coupled shared children
The ages of the shared children
Current child custody arrangements
The age for each spouse
Physical and mental health of both parties
Each spouse’s economic and non-economic marital contributions
Tax implications, if any
If spousal maintenance should be awarded in your divorce, Colorado uses the following formula to calculate maintenance amounts:
"Forty percent of the higher income party's monthly adjusted gross income, minus fifty percent of the lower-income party's monthly adjusted gross income so long as this amount does not exceed 40% of the combined gross income of the parties.”
Let's look at an example. Say the higher-earning spouse has an adjusted gross income of $10,000 per month and the lesser-earning spouse has an adjusted gross income of $5,000 per month. The court will take forty percent of $10,000, which is $4,000, and subtract fifty percent of $5,000, which is $2,500. The spousal maintenance award, in this case, would then be $1,500 per month. Spousal maintenance in this case could not exceed $2,000 per month.
How Long Is Spousal Maintenance Paid in Colorado?
The length of time that spousal maintenance could be paid varies in each divorce. But spousal maintenance does not always last indefinitely. Colorado law requires spousal maintenance award periods to match a percentage of the length of the marriage. The longer you were married, the more extended spousal maintenance can be awarded. For marriages lasting longer than twenty years, spousal maintenance awards could be indefinite.
If a temporary maintenance order were issued in your case, that order would only extend until your divorce is finalized. At that point, a statutory maintenance order will need to be issued, or the judge may find that spousal maintenance is not appropriate in your case after the temporary maintenance ends.
Current Colorado spousal maintenance laws only cover marriages lasting a minimum of three years. However, since the awarding of spousal maintenance is at the judge's discretion, they may find that spousal maintenance could be awarded for shorter marriages as well. That means a spouse can collect spousal maintenance for one year or less, depending on the details of your marriage.
Although there are guidelines for how long spousal maintenance should be awarded based on how long your marriage lasted, the law also requires the term to be equitable to both spouses. Your family law attorney can help you fight for a fair outcome in your divorce settlement.
Contact a Colorado Family Lawyer Today
Whether you seek spousal maintenance or expect your spouse to go after spousal maintenance in your divorce, you need to know your rights. Hire experienced Colorado family lawyer Mitch Geller to help you plan. Schedule your initial case review when you call our office at 720-696-7897. Or fill out our quick contact form, and we'll reach out to find out more about your divorce settlement needs.