Spousal maintenance, often referred to as alimony, is a financial payment made by one spouse to the other spouse as part of a legal separation or divorce. Under Colorado Revised Statutes § 14-10-114, spousal maintenance can be awarded when one spouse needs financial assistance and the other can pay. The spouses can agree to the terms of alimony or ask the court to rule on the matter.
Colorado has two primary types of spousal maintenance: temporary and permanent. These are very distinct and can have a lasting impact on your financial situation, so it’s crucial you understand the key differences.
What Is Temporary Maintenance?
Colorado courts sometimes award temporary spousal maintenance when the divorce is pending. This helps the spouse with the lower income cover their basic living expenses during the divorce case. In some cases, it is crucial to award temporary financial support, such as if one spouse is financially dependent on the other, has no income, or would not be able to pay for living expenses while the divorce case is resolved. This type of award acknowledges the economic disparity between spouses that can become more pronounced during the divorce process and protects the lower-earning spouse so they can meet their immediate needs.
For the court to award this type of spousal support, the spouse wanting it must demonstrate they need it and an inability to pay for their basic expenses during the divorce process.
The court considers various factors when determining whether to award this type of spousal support, including each spouse’s income, age, health, and earning history. The court also considers the duration of the marriage and other relevant factors. The court decides how long temporary support should last.
After the court determines the amount of temporary maintenance and temporary child support, if applicable, it then considers temporary payments of debts and the distribution of marital property.
What Is Permanent Maintenance?
Permanent maintenance is more complicated and often involves a more thorough analysis of the situation. Permanent maintenance provides ongoing financial support to the lower-earning spouse. The purpose of this form of support is to provide financial assistance to a dependent spouse until they can become financially self-sufficient. It is awarded in cases in which the recipient spouse would struggle to meet their financial needs and maintain a similar lifestyle they had during the marriage without the support, when one spouse lacks sufficient resources to support themselves, or when they have custody of a child and immediate employment is not reasonable.
Again, the spouse wanting support has to request it and prove they need it and the other spouse can pay it. The court considers various factors when determining whether to award support and in what amount, including:
- The duration of the marriage
- Each spouse’s income and financial resources
- The employability and earning history of each spouse
- The amount and duration of any temporary maintenance
- The lifestyle established during the marriage
- The distribution of marital property
- The age and health of each spouse
- Whether one spouse significantly contributed to the education or job training of the other spouse
- Tax implications of an award
Contact Our Divorce and Spousal Support Lawyers for Help
Whether you are seeking spousal support or contesting it, this matter is important and can affect your life for the long term. An experienced divorce lawyer from Stahly Mehrtens Miner LLC can meet with you to discuss options for spousal support. Contact us at (855) 963-4968 for a confidential case review.