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How do courts calculate alimony?

July 3, 2019 | Firm News

As you prepare for your Colorado divorce, your financial situation will become a topic of importance. After marriage, most couples become reliant on one another’s income. With shared finances, it is difficult to separate with a divorce. This is why courts may decide that alimony is necessary or temporary maintenance.

When you have combined income, the courts will look at the amount you earn as a couple. According to marital laws, if you earn 75,000 dollars or less, then the payments are 40 percent of the higher earner’s income and less than 50 percent of the lower earner’s income. If calculations turn up a negative number or zero, then there is no alimony. However, if the number is more than zero, then the number may be the monthly allowance. If a calculation does not seem just, the court may change the ruling. If a court decides to go this route, then an explanation for the deviations needs filing.

Other factors that may contribute to the alimony calculation is whether one of the spouses can maintain his or her reasonable needs. A court will decide whether one of the spouses can reasonably find work. In addition, courts will pay attention to the type of property or assets that the other spouse owns. Now, if children are involved, this is yet another factor that will determine how much one spouse can earn. After all, the custodial parent may be more likely to receive alimony.

By no means is the information presented here supposed to be legal advice. This is simple information to help inform you on the way that Colorado calculates alimony.

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