Spousal maintenance can be an essential lifeline during and after divorce. However, spousal maintenance is not automatically awarded in all divorce cases. To receive this financial support, you must request it in your divorce paperwork, prove that your spouse can pay it, and argue why it is fair for you to receive it. Colorado courts may deny requests for spousal maintenance for several reasons, including:
No Economic Disparity
To show any legal entitlement to spousal support, you must be able to demonstrate that there is a financial disparity between your and your spouse’s financial situation. Alimony was initially created to provide financial support to stay-at-home moms who sacrificed their careers and earning potential to take care of a family. While today’s families are structured differently, and alimony can be awarded in various situations, there must be some underlying economic disparity to warrant the award of alimony, which can include significant differences in income, earning capacity, or financial resources.
Spouse Unable to Pay
You must also be able to show your spouse has the financial ability to pay. If they can barely pay their own bills, it may be difficult to prove that your spouse is in the financial position to provide financial support.
Ability to Self-Support
The court considers several factors when determining whether to award spousal support. The goal of alimony is to get the spouse with the lower earning capacity in a position where they are financially self-sufficient. If the court determines you can already support yourself, it may not award alimony.
Ability to Self-Support
The court considers several factors when determining whether to award spousal support. The goal of alimony is to get the spouse with the lower earning capacity in a position where they are financially self-sufficient. If the court determines you can already support yourself, it may not award alimony.
Spouse’s Age or Health
The court also considers the age and health of the parties. If your spouse is older or in poor health, it is less likely to order spousal maintenance.
Short Marriage
While Colorado judges can award alimony in shorter marriages, they are less likely to do so. Colorado’s advisory guidelines are based on marriages lasting at least three years.
Cohabitation
If you begin living with a new romantic partner, the court may deny your request for alimony because it considers that your new partner is providing the financial support you need, which would eliminate the need for your spouse to supplement your lifestyle.
Existence of Prenuptial Agreement
Colorado courts recognize and enforce valid prenuptial and postnuptial agreements. If you and your spouse entered into a valid agreement that waived or set the amount of spousal support lower than you requested, the court may deny your request.
Contact Our Spousal Maintenance Lawyers for a Confidential Consultation
If you’re concerned about your request for spousal maintenance being denied, we welcome you to call Stahly Mehrtens Miner LLC at (303) 797-2900 for a no-obligation case review. Our spousal maintenance lawyers based in Boulder can explain Colorado’s alimony laws and how they may impact you, the factors our courts consider when awarding alimony, and how we can help with your case. Contact us today to learn more.