Fort Collins Spousal Maintenance Attorneys
Until you begin the process of divorce, there is no saying how things will go. There are a lot of factors involved in ending a marriage, and your laundry list of legal considerations will likely be long. One of the major aspects of family law, and a significant consideration for divorcees, is spousal maintenance. Spousal maintenance, also known as spousal support or alimony, is one of the ways in which the law can ensure that spouses are cared for following a divorce.
Johnson Law Group can help you determine, enforce, and modify spousal support agreements in Fort Collins and beyond. Call (720) 744-3513 to discuss your case in a free consultation.
Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.
FORT COLLINS
SPOUSAL MAINTENANCE LAWYERS
FORT COLLINS SPOUSAL MAINTENANCE ATTORNEYS
Until you begin the process of divorce, there is no saying how things will go. There are a lot of factors involved in ending a marriage, and your laundry list of legal considerations will likely be long. One of the major aspects of family law, and a significant consideration for divorcees, is spousal maintenance. Spousal maintenance, also known as spousal support or alimony, is one of the ways in which the law can ensure that spouses are cared for following a divorce.
WHAT IS SPOUSAL MAINTENANCE?
Many people have heard of spousal maintenance, spousal support, or alimony, but few have been in a situation that requires a thorough understanding. Spousal maintenance comes in the form of monthly payments. These payments are made from one member of a dissolved marriage to the other, generally from the higher paid spouse to the lower paid one. The amounts vary depending on the unique situation and several qualifying factors.
WHAT IS THE PURPOSE OF SPOUSAL MAINTENANCE?
Spousal maintenance payments ensure that both members of a dissolved marriage are financially stable following a marriage. Because few people plan to divorce when they marry, each member of a couple usually comes to rely on the other person. When this occurs financially, decisions are made based upon the understanding of shared finances and a household income. Most individuals build their lives around this understanding. When a couple divorces, then, one spouse is left without the financial support they learned to rely on, putting them in a vulnerable place.
In some situations, one parent forgoes working outside of the home in order to take care of children, run the home, and organize the family’s life. This is a large undertaking that requires a lot of time and attention, but unfortunately does not earn direct paychecks or relevant experience for the workforce. After a divorce, that puts this spouse at a disadvantage, as they do not have up-to-date work experience, or an income to support themselves. This is not to say that they are undeserving of payment, which is precisely why the spousal support system is in place.
Spousal maintenance ensures that spouses can continue to rely on the financial setup established during their marriage, until they are able to become financially independent on their own.
HOW IS SPOUSAL MAINTENANCE DETERMINED?
Not every couple is eligible for spousal support, and it is not an automatic result of a divorce. These situations take careful planning and negotiation. Couples who both work and bring in similar incomes, for example, would not need spousal support from one another. Since their incomes are fairly equal, there is no room for additional support.
If a couple is eligible for spousal maintenance, it is determined based on the supporting spouse’s income. Generally speaking, the amount is equal to 40% of this spouse’s income, minus the receiving spouse’s income, though there are caveats to this.
CHILD SUPPORT
Child support payments are a significant expense that can take the place of shared custody. In many cases, the spouse with the higher income pays child support to the spouse with the lower income. You may notice that this is the same arrangement as spousal maintenance. In cases where both spousal support and child support are warranted, child support is deducted from the supporting partner’s income before 40% is calculated for spousal maintenance, ensuring that the supporting spouse does not have to give away the majority of their income. For example, if the supporting spouse makes $10,000 per month, and pays $2,000 per month in child support, spousal maintenance would likely be calculated starting with 40% of $8,000.
OTHER FACTORS IN DETERMINING SPOUSAL MAINTENANCE
Income and child support payments are not the only considerations that the court uses to calculate spousal support. Other factors come into play as well, including:
- Each spouse’s unique financial needs
- The supporting spouse’s financial capacity, including expenses
- The supported spouse’s ability to get a job based on their relevant skills, job experience, and updated training
- The ways in which the couple’s marriage affected the supported spouse’s resume
- The sacrifice made by the supported spouse in order for the supporting spouse to seek education, gain promotions, receive training, etc.
- Any limitations that child custody places on the supported spouse’s ability to work
- The couple’s standard of living
- Each spouse’s age and health status
TEMPORARY SPOUSAL SUPPORT
In the time between filing for divorce and receiving permanent spousal support, bills and financial needs do not simply disappear. During divorce proceedings, you and your attorney can negotiate a temporary spousal support agreement that can act as an intermediary support channel until a long-term plan is approved by the courts. It is essential that you discuss temporary spousal support with your attorney, and work to create a plan as soon as possible. If you or your spouse gets behind on bills or loan payments, it can affect and delay the entire divorce.
PERMANENT SPOUSAL SUPPORT
This type of spousal maintenance is what most people think of when they consider spousal support, as these payments are ongoing. However, the term “permanent spousal maintenance” is a misnomer. These payments are not permanent, and usually end at some point. For marriages of ten years or less, spousal support usually lasts for half of the length of the marriage. For example, if you were married for four years, you could expect spousal support to last for two years after the divorce. If you were married more than ten years, the length of the spousal support payments are up to the courts, and varies from situation to situation.
HOW LONG SHOULD SPOUSAL MAINTENANCE BE PAID?
It is important to remember that no spousal support agreement is intended to be permanent. Though it is fair to establish spousal support in situations where there is a wealth discrepancy, these agreements are ultimately for the purpose of providing support in the period of transition from dependent to independent finances. All supported parties are expected to look for work, and aim to be financially self-sufficient at some point. That point simply varies, which is why there is no hard and fast rule for marriages that lasted over 10 years.
MODIFYING SPOUSAL SUPPORT
As with any legal agreement, spousal maintenance agreements are taken very seriously by the courts. Despite this, there are ways to alter them so that they constantly reflect your current situation. Modifications may occur if:
- The income of either party changes significantly
- One party loses their job
- The supported party moves in with a significant other
- You both agree that a modification is called for
Though these situations do not automatically call for modifications, you may bring your case to the court and request that payments be modified.
ENDING SPOUSAL SUPPORT
As we mentioned, spousal support does not last indefinitely. Unlike modifications, ending a spousal support agreement occurs for a fairly finite amount of reasons. These reasons are straightforward and are as follows:
- The judge sets an end date for the agreement and that date arrives
- Either spouse passes away
- The receiving spouse remarries or enters into a civil union
Unless the court approves another, unique reason for ending your spousal maintenance agreement, the above three situations are the only ways in which alimony payments can legally end.
WHY DOES REMARRIAGE END SPOUSAL MAINTENANCE?
Spousal support operates with the understanding that the money is to be used to make up for lost support from a marriage. As spouses tend to consider themselves dependant on one another during marriage, a divorce can alter the way that they are able to care for themselves and their children. If the supported spouse remarries, it is an indication that they have entered into a new support agreement with a new spouse, who will help them with the family costs and finances. This means that the divorce no longer has a direct impact on the supported individual’s finances, and the supporting spouse can release responsibility to support their ex-spouse.
CAN A HUSBAND CLAIM SPOUSAL MAINTENANCE?
It is important to understand that spousal support is not a gendered system. It is not only reserved for wives. In many modern heterosexual relationships, the wife brings in the majority of the family income. It is also important to remember that spousal support applies to LGBTQ+ marriages as well. The payments are simply based on which spouse earns more money, and if the gap between the two spouses’ incomes is significant enough to warrant payments.
IS A WIFE ENTITLED TO SPOUSAL SUPPORT?
No one or no gender is entitled to spousal support no matter what. These contracts are based on individual circumstances, not generalizations. If a wife’s ex-partner significantly out-earns her, then she is entitled to spousal support.
DO I NEED AN ATTORNEY FOR SPOUSAL SUPPORT MODIFICATIONS?
Whenever you make changes to a legal document, it is imperative that you do so in a way that follows all legal guidelines and practices. Failing to do so means that any changes you make may not be enforceable in court. In some cases, you can even be penalized for the modifications. For example, if you and your ex-spouse agree to reduce your payments from $1,000 per month to $500 per month, but do not go through the court system, your ex-spouse could potentially press charges for your underpayments. Even though you privately agreed upon a new payment, according to the legal system your payments should still be $1,000. The law cannot enforce any modifications that are not done through the proper legal channels.
Even if you plan to appear in court, it is in your best interest to hire an attorney to represent you. Your ex-spouse and their attorney can take advantage of your position if you don’t have an attorney. The legal jargon that accompanies contracts can be confusing, and it is essential that you understand what you are agreeing to before you sign on to any changes in your agreements.
DO I NEED TO APPEAR IN COURT TO END A SPOUSAL MAINTENANCE AGREEMENT
Termination of spousal maintenance agreements is automatic in Colorado. This means that you do not have to go to court to get approval if a supported spouse remarries or dies. You may simply stop making payments effective the date of death or marriage.
If you are being supported by an ex-spouse, you or your attorney should notify them of your marriage. This is especially true if you no longer see one another or know what one another are up to. If you do not notify them and they continue to pay, they have grounds to sue you for the excess payments. Because there is very little pomp surrounding the termination of spousal support agreements, it can be easy to miss if you do not expressly inform them.
WHY JOHNSON LAW GROUP?
When it comes to hiring a Fort Collins divorce attorney or spousal support attorney, it is important that you find someone that you trust, and someone who knows the subject matter. Many attorneys do not specialize in or practice spousal maintenance law, meaning that they do not know the intricacies and details of local, state, and federal guidelines surrounding the contracts. Here at Johnson Law Group, we pride ourselves on being experts of Colorado family law. We handle spousal support agreements with regularity, and have the background to ensure that you make the best legal choices for your changing family. Though we have significant experience in the field, we approach every client as if they are our first. Divorce and spousal support are heavy, often stressful topics, and we empathize with that fact. Our experience does not keep us from extending compassion to our clients, but rather allows us to be more understanding and supportive both inside and outside of the courtroom.
It is also imperative that you find someone you connect with to represent you in your family law case. Here at Johnson Law Group, we pride ourselves on being a diverse group of attorneys who understand all walks of life. No matter where you come from or what you’re going through, one of our attorneys will certainly feel like someone with whom you can speak freely.
Spousal support agreements have a significant impact on a family’s life, so there is no time to waste when developing or modifying one of these contracts. Do not wait, contact Johnson Law Group today.
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Frequently Asked Questions About Spousal Maintenance
Can Spousal Maintenance Be Waived?
Spousal maintenance can be waived under specific circumstances. This typically occurs through a pre- or postnuptial agreement, where both parties agree in writing to waive any future claims to maintenance. For such agreements to be enforceable, they must meet legal requirements, including full disclosure of finances and both parties entering into the agreement voluntarily.
During divorce proceedings, spouses may also mutually agree to waive maintenance. However, the court must review this agreement to ensure it is fair and reasonable. Colorado courts prioritize fairness and will not enforce waivers if they believe one party is left at a significant disadvantage, especially if the agreement was made under duress or without full understanding.
Does Spousal Support Include Retirement Benefits?
Spousal maintenance generally does not include retirement benefits, as they are treated differently during divorce proceedings. Retirement benefits, such as pensions or 401(k) accounts, are typically considered marital property if they were accrued during the marriage. These are addressed during the property division process, not as part of spousal maintenance.
Spousal maintenance is ongoing financial support paid by one spouse to the other based on factors like income disparity and financial need. Meanwhile, property division involves equitably splitting marital assets, including retirement accounts. Colorado law ensures that retirement benefits are valued and divided fairly, often through Qualified Domestic Relations Orders (QDROs).
Does Remarriage End Spousal Maintenance?
Spousal support operates with the understanding that the money is to be used to make up for lost support from a marriage. As spouses tend to consider themselves dependent on one another during marriage, a divorce can alter the way that they are able to care for themselves and their children. If the supported spouse remarries, it is an indication that they have entered into a new support agreement with a new spouse, who will help them with the family costs and finances. This means that the divorce no longer has a direct impact on the supported individual’s finances, and the supporting spouse can release responsibility to support their ex-spouse.
Can Men Receive Spousal Maintenance?
It is important to understand that spousal support is not a gendered system only reserved for wives. These contracts are based on individual circumstances, not generalizations. In many modern heterosexual relationships, the wife brings in the majority of the family income. Spousal support also applies to LGBTQ+ marriages as well. The payments are simply based on which spouse earns more money, and if the gap between the two spouses’ incomes is significant enough to warrant payments.
Does Domestic Violence Impact Spousal Support Determinations?
Courts consider the circumstances of the marriage when deciding whether to award spousal maintenance and a history of domestic violence may weigh heavily in this decision. While Colorado law focuses primarily on financial circumstances when calculating spousal support, abuse—whether physical, emotional, or financial—can influence the outcome.
If the victimized spouse has been financially controlled or is unable to support themselves due to the abuse, the court may order spousal maintenance to provide them with financial security. Emotional and physical abuse, while not directly tied to maintenance formulas, can also play a role in the court's broader decisions to ensure fairness and the well-being of the affected party.
Ultimately, domestic violence is a significant factor the court considers to address any power imbalances and protect the victim's interests.
Is Spousal Maintenance Tax Deductible?
Under current tax rules, spousal maintenance is treated differently than in the past due to the federal Tax Cuts and Jobs Act (TCJA) of 2017. For divorce agreements finalized on or after January 1, 2019, spousal maintenance payments are no longer tax-deductible for the paying spouse. Similarly, the receiving spouse does not have to report these payments as taxable income. This change marked a significant departure from the previous federal tax system, where the payer could deduct alimony, and the recipient had to pay income tax on the payments.
Colorado follows these federal guidelines. For divorces finalized before 2019, the old rules may still apply, meaning payments could be deductible and taxable as income. However, for all agreements post-2019, the TCJA rules prevail in Colorado as well. Consequently, parties need to consider this tax impact when negotiating maintenance agreements, as the burden of full payment now falls solely on the payer without tax relief.
Do I Need an Attorney for Spousal Support Modifications?
Whenever you make changes to a legal document, it is imperative that you do so in a way that follows all legal guidelines and practices. Failing to do so means that any changes you make may not be enforceable in court. In some cases, you can even be penalized for the modifications. For example, if you and your ex-spouse agree to reduce your payments from $1,000 per month to $500 per month, but do not go through the court system, your ex-spouse could potentially press charges for your underpayments. Even though you privately agreed upon a new payment, according to the legal system your payments should still be $1,000. The law cannot enforce any modifications that are not done through the proper legal channels.
Even if you plan to appear in court, it is in your best interest to hire an attorney to represent you. Your ex-spouse and their attorney can take advantage of your position if you don’t have a lawyer. The legal jargon that accompanies contracts can be confusing, and it is essential that you understand what you are agreeing to before you sign on to any changes in your agreements.
Do I Need to Appear in Court to End a Spousal Maintenance Agreement?
Termination of spousal maintenance agreements is automatic in Colorado. This means that you do not have to go to court to get approval if a supported spouse remarries or dies. You may simply stop making payments effective the date of death or marriage.
If you are being supported by an ex-spouse, you or your attorney should notify them of your marriage. This is especially true if you no longer see one another or know what one another are up to. If you do not notify them and they continue to pay, they have grounds to sue you for the excess payments. Because there is very little pomp surrounding the termination of spousal support agreements, it can be easy to miss if you do not expressly inform them.
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At Johnson Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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He was responsive, efficient, and coordinated well with my wife’s attorney. Very happy with the final result.- Nick
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Very professional, and caring. Everything was handled well, they listened to all my concerns, and responded in a timely manner. I would highly recommend using Johnson Law Group, they are amazing!- Sonja
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Myles is very professional and well informed in his field. Cassidy their paralegal was also extremely helpful and client driven . 5 stars!- Stevie
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I appreciate all the help my attorney and paralegal has done for me in the best interest of my daughters future. They’re all most knowledgeable, caring law group! I couldn’t have done it without their genuine support on representing my case(s). I’m grateful for all they have done for my daughter and I.- Bonnita
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From the initial phone call I spoke to Myles Johnson, he gave great direction on how to proceed. Then acquiring the firm as my legal representation I worked with Said and he helped me step by step to get what I was looking for. I have already recommended two different individuals I know to Johnson Law Group and will be using them for all future situations. From the legal team to Cory at the front desk, everyone at the firm is top-notch.- Brady M.
Why Choose Johnson Law Group?
When it comes to hiring an attorney, it is important that you find someone that you trust, and someone who knows the subject matter. Many attorneys do not specialize in or practice spousal maintenance law, meaning that they do not know the intricacies and details of local, state, and federal guidelines surrounding the contracts.
At Johnson Law Group, we have years of experience handling a range of complex family law cases, including regularly helping clients with spousal support agreements. We have the background to help you make the best legal choices for your changing family. Though we have significant experience in the field, we approach every client as if they are our first.
Divorce and spousal support are heavy, often stressful topics, and we empathize with that fact. Our experience does not keep us from extending compassion to our clients but rather allows us to be more understanding and supportive both inside and outside of the courtroom. As a diverse group of attorneys who understand all walks of life, no matter where you come from or what you’re going through, one of our attorneys will certainly feel like someone with whom you can speak freely.
Spousal support agreements have a significant impact on a family’s life, so let our team help you develop or modify these contracts. Contact Johnson Law Group today for a free consultation.
