Alimony support can provide a financial safety net to certain spouses after a Colorado divorce. Although not all divorcing spouses receive alimony, it is a subject worth considering as marriage ends. Also known as “spousal support,” alimony has a long history in Western society – and it may prevent at-risk spouses from becoming destitute. In basic terms, alimony is a set of payments from a higher-earning spouse to a lower-earning spouse. Each State approaches alimony support in a different way, and Colorado is no exception. Spouses who are curious about how alimony works may decide to discuss this topic in more detail alongside an experienced family law attorney in Colorado. To continue this conversation with an experienced Colorado divorce attorney at the Johnson Law Group, consider calling our dedicated legal team at (720) 744-3513 today.
A Brief History of Alimony Support
One of the most common criticisms of alimony support is that it is an antiquated concept and that it has no place in modern society. While many believe it still plays a vital role in the modern era, there is no denying its long history. The Code of Hammurabi is one of the oldest examples of written law, and it contains some of the first known descriptions of alimony. Additionally, alimony also comes to us from the law-obsessed Romans, and later the English ecclesiastical courts.
It was alive and well in American courts during the 1600s, although it changed dramatically in the 1970s when the United States Supreme Courts adopted a new “gender-neutral” approach. For thousands of years, alimony was reserved specifically for women – mostly because women did not have the right to work or earn their own income throughout most of history. This changed after World War II, and the United States changed its alimony laws to reflect the widespread arrival of women in the workplace. Spouses in Colorado should know that despite its female-only origins, both men and women can receive alimony support today.
Is Alimony Support Automatic in Colorado?
Alimony is not automatic in Colorado. These payments will only occur in certain scenarios, notably when there is an income disparity between spouses. Courts also consider the length of the marriage, and shorter marriages are less likely to trigger alimony than longer marriages. A very general rule of thumb is that alimony lasts for approximately a third or half of the duration of the marriage. For example, an 8-year marriage generally causes 4 years of alimony, while a 14-year marriage would likely cause 7 years of alimony. Sometimes alimony could last the full duration of a very long marriage. Marriages that last less than 3 years, however, rarely lead to alimony in Colorado.
The Colorado Judicial Branch has published advisory guidelines that allow spouses to assess potential alimony obligations based on their incomes. Spouses who earned approximately the same income during their marriage are less likely to face the prospect of alimony – regardless of how long their marriage lasted.
Types of Alimony in Colorado
There are two main types of alimony support in Colorado: Temporary spousal support occurs during the divorce proceedings, and it provides financial stability until spouses finalize their divorce. At this point, alimony may continue beyond divorce. This is a different type of alimony, and it may take various forms:
- Permanent Alimony: As the name suggests, this form of alimony continues for the foreseeable future. Permanent alimony may not end until the recipient dies, and it is common in “gray divorces” with retirement-age spouses. Permanent alimony is also common after long-term marriages, or when the recipient spouse is disabled. That said, permanent alimony has become less common in Colorado.
- Rehabilitative Alimony: A more common outcome is temporary or “rehabilitative” alimony. Instead of supporting the spouse for the foreseeable future, this form of alimony helps them transition toward financial independence over a few years. Often, spouses use this opportunity to acquire certifications or degrees as they re-enter the workforce.
- Lump-Sum Alimony: Spouses may have the option to pay their alimony support obligations all at once. These lump-sum payments could be preferable in certain situations, often for tax reasons. Spouses should consider speaking with Johnson Law Group to determine whether to pay lump-sum alimony instead of “periodic” alimony.
Can I Modify My Alimony in Colorado?
Spouses may also modify existing alimony orders after substantial “changes in circumstance.” Note that modifying lump-sum alimony is impossible because of its one-time nature.
- Remarriage: If the receiving spouse marries again, their alimony payments generally stop. In the eyes of the court, alimony becomes unnecessary because the spouse is now financially involved with someone else. To ensure the payments stop upon remarriage, however, it is essential that you have an attorney ensure the proper language in an agreement or court order.
- Employment Changes: A substantial reduction in income could allow a paying spouse to reduce their alimony obligations. For example, their career might become obsolete – and they may struggle to find new work. On the other hand, a substantial increase in income might have the opposite effect.
- Disability: If a spouse becomes disabled and loses the ability to earn income, they may ask the court to reduce their alimony obligations.
- Retirement: When a spouse retires, they may also attempt to reduce their alimony obligations. However, they must retire “in good faith,” which usually means waiting until the normal retirement age for their specific career.
Contact the Experienced Colorado Alimony Attorneys at Johnson Law Group
Although every aspect of divorce has the potential to trigger disputes, alimony support has proven to be a particularly contentious subject among many spouses. For paying spouses, the thought of handing over income to a former spouse can be troubling. On the other hand, spouses who stand to receive alimony might greatly need the payments in order to secure financial security. A consultation with an experienced alimony support lawyer in Colorado could help spouses approach this topic with clarity and efficiency. To learn more about the potential next steps, consider calling Johnson Law Group at (720) 744-3513.
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