Englewood Spousal Maintenance Lawyer

Englewood Spousal Maintenance Attorneys

Spousal maintenance, or “alimony” as it is commonly referred to, is a mechanism that may play a part in a divorce or legal separation case based on a number of factors. To put it simply, spousal maintenance is a way for a spouse with far higher income and earning potential to maintain the quality of life that their ex is accustomed to. In short, if a divorce would cause one spouse to lose access to things and privileges that they enjoyed as a result of their marriage or relationship, then they may have recourse to have that lifestyle maintained after the marriage or long-term relationship dissolves.

Overview of Colorado's Spousal Maintenance Laws

Colorado's spousal maintenance laws are designed to promote fairness and equity during and after a divorce. Under Colorado law, spousal maintenance is determined based on factors such as the length of the marriage, the financial resources of each party, and the standard of living established during the marriage.

To discuss your options with an attorney and find out if you may be eligible for spousal maintenance, call for a free consultation today at (720) 744-3513. We would love to hear more from you about your case.

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How Spousal Maintenance is Decided in Colorado

The Colorado Revised Statutes § 14-10-114 provides guidelines for calculating maintenance, which includes a formula based on the incomes of both parties and the duration of their marriage. However, these guidelines are advisory, and judges may adjust maintenance awards at their discretion based on specific circumstances. Additionally, the court considers factors like the age, health, and financial contributions of each spouse when making a determination. Maintenance orders may also be modified or terminated under C.R.S. § 14-10-122 if there is a significant change in circumstances.

If calculating this sounds difficult, there is some good news! The Colorado Judicial Branch has created an in-browser software that you can use to determine support or maintenance eligibility, including consideration for factors like child support.

Types of Spousal Maintenance in Colorado

Colorado law recognizes different types of alimony or spousal maintenance to address the unique circumstances of divorcing couples. These different types are designed to provide financial support that aligns with the needs and situation of both parties, helping the transition following a divorce remain as equitable as possible. Each type of maintenance serves a specific purpose and is determined based on the individual case.

Temporary maintenance is awarded during the divorce process to help a lower-earning spouse meet living expenses until a final decree is issued.
Rehabilitative maintenance provides financial support to a spouse for a defined period, allowing them to gain education, training, or skills needed to achieve financial independence.
Reimbursement maintenance is granted in cases where one spouse has made significant financial contributions to the other’s education or career advancement during the marriage.
Permanent maintenance, or "for-life maintenance" is rarely awarded and is intended for long-term support, typically when a spouse is unable to become self-supporting due to age, health, or other substantial factors.
Non-modifiable maintenance is an alimony arrangement with a fixed term and amount that both parties have to mutually agree to. In exchange, the maintenance award cannot be challenged or modified in court.

It's important to know and review these maintenance options with an attorney to determine which, if any, your situation may qualify for.

Alimony in High-Asset Divorces

High-asset divorces often involve complex financial considerations, which can significantly impact alimony awards. When substantial wealth or unique assets like businesses, investments, or real estate are part of an asset division process, the court must carefully evaluate both parties' claim to these assets and their ability to support themselves and their lifestyles after a divorce is finalized. This includes factors such as the standard of living established during the marriage, the earning potential of each spouse, and the contributions made by a non-earning or lower-earning spouse to the accumulation of marital wealth.

Additionally, the valuation and division of high-value assets can complicate alimony calculations, often requiring input from financial experts or accountants. Due to these complexities, alimony in high-asset divorces can result in larger payments and longer durations compared to standard cases.

Alimony for Spouses with Low or No Income

For couples with low or no income, alimony requirements often focus on ensuring that both parties can meet their basic needs following the divorce. Courts typically assess factors such as the length of the marriage, the financial needs of both parties, and both spouse's abilities to earn a living based on previous employment, age, and other factors. The goal is to establish a fair arrangement that prevents undue hardship for the dependent spouse while considering the limited financial resources available.

Alimony for Short Marriages

Alimony is not uncommon when dissolving a long-term marriage that has lasted for several years or more. However, that doesn't mean shorter marriages are exempt from alimony, either. Here in Colorado, this "magic number" is three years--if your marriage has continued for more than three years, then some form of alimony could be required. However, if your marriage has not reached the three-year mark, alimony is less common.

While they are less likely to see substantial or significant alimony awards, short marriages involving high-asset property division, significant gains or increases in wealth, or marriages that include complicated financial matters may be subject to alimony depending on the asset division process. It's important to review your financial situation closely with an attorney to see if spousal maintenance may be necessary in your unique situation.

Maintenance Modifications

Spousal support orders are designed to fit a divorcing couple's circumstances as they are at the time of the divorce, but those circumstances rarely remain stagnant for long. Therefore, it stands to reason that they may need to modify their maintenance order for one reason or another.

Modifying a spousal support order in Colorado typically requires a significant change in circumstances for one or both parties since the original order was established. Either spouse can request a modification by filing a motion with the court, outlining the substantial change that necessitates the adjustment. The court will then review the request and evidence provided to determine if a modification is warranted. It's important to note that not all spousal support arrangements are modifiable, particularly if the original agreement included a non-modifiable clause.

Here are a few reasons why a couple may need to modify a spousal support order:

A substantial increase or decrease in the income of either party.
A significant change in the cost of living or financial circumstances.
Loss of employment or a new job opportunity for one of the spouses.
A serious health condition or disability affecting either spouse.
Changes in dependency, such as a child reaching adulthood.

The modification process generally involves submitting proper legal documentation to support the claim of changing circumstances and attending a court hearing. At this hearing, both parties have the opportunity to present their case, and the court will base its decision on the evidence provided and whether the changes align with Colorado’s legal guidelines. Consulting an experienced attorney can help ensure navigate this process and work towards a fairer and more equitable solution for all parties.

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Spousal Maintenance & Child Support Considerations

Colorado's laws regarding spousal maintenance are designed to ensure fairness and address economic disparities following a divorce or separation. When child support orders are also part of the separation, they can significantly impact the calculation of spousal maintenance, as these obligations are factored into the financial resources and needs of the parties.

Courts strive to balance the support provided for children with the financial support for spouses, ensuring an equitable arrangement that considers the well-being of the entire family.

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Alimony Enforcement in Colorado

Enforcing alimony in Colorado is a critical step when one party fails to meet their court-ordered spousal support obligations. The Colorado courts take these matters seriously and provide legal avenues to compel compliance. If an ex-spouse ceases or avoids making the required payments, they could be subject to a wide range of repercussions, including fines, wage garnishment, property liens, and even potential criminal charges.

Here are a few reasons someone might need to pursue an enforcement action:

Non-payment of alimony over an extended period
Consistently late payments leading to financial difficulties
Partial payments that do not meet the court-ordered amount
Intentional refusal to follow the legal agreement
Changes in the paying spouse's financial status, such as hiding income or assets, to avoid payment

If your ex-spouse is not following their court-ordered alimony obligations, the first step is to consult with your attorney to discuss enforcement options. You may file a motion with the court to enforce the order, which could result in penalties for the delinquent party, including wage garnishment or contempt of court charges. Keeping detailed records of missed or late payments is essential to support your case.

To learn more about spousal support obligations and your rights in the divorce process, contact us in a free consultation today.

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