Fort Collins Spousal Maintenance Attorneys

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.