In Colorado, the marital standard of living significantly impacts spousal support decisions. Courts aim to ensure that both spouses can maintain a similar standard of living after a divorce, to the extent possible, considering factors like the length of the marriage and the ability of each spouse to be self-sufficient.
Here’s how the marital standard of living influences spousal support:
Legal Framework for Spousal Support in Colorado
Colorado law provides for the award of spousal support in appropriate cases. Colorado Revised Statutes § 14-10-114 governs spousal maintenance. The court attempts to ensure a fair and equitable financial arrangement post-divorce, considering the standard of living established during the marriage and other relevant factors. The court only awards spousal maintenance when the higher-earning spouse can make maintenance payments and the other spouse needs financial assistance to maintain the same standard of living post-divorce.
The judge evaluates requests for spousal maintenance under Colorado law, using guidelines and calculations to determine whether to award support, in what amount, and for how long.
Core Factors Influencing Spousal Support Determinations in Colorado
The court considers all relevant factors when making spousal support awards. Some of the most important include the following:
Maintaining a Similar Lifestyle
Courts consider the standard of living established during the marriage and aim to help the lower-earning spouse maintain a comparable lifestyle after the divorce.
Length of Marriage
Longer marriages are more likely to result in spousal support awards, as they often involve greater financial interdependence.
Earning Capacity
The court considers the ability of each spouse to earn income and potentially become self-sufficient, including their education, skills, and work experience. The court also considers whether the dependent spouse can become self-sufficient through additional job training or education. During this analysis, the court also considers whether the spouse would have difficulty working due to providing childcare to a minor child or other extenuating circumstances.
Financial Resources
The court reviews the income, assets, and financial needs of both spouses to assess whether support is necessary and feasible. It considers actual and potential income from separate or marital property, as well as any other source. It also considers the distribution of marital property, including whether additional marital property may be awarded to reduce or remove the need for maintenance.
Contributions to the Marriage
The court considers significant economic contributions each spouse made during the marriage. Non-financial contributions, such as raising children or supporting the other spouse’s career, can also be considered.
Age and Health of Each Spouse
Older age or health issues may impact a spouse’s ability to become self-sufficient, influencing support decisions.
Essentially, the court wants to ensure that neither spouse is financially impoverished after the divorce and that they can reasonably maintain their pre-divorce standard of living, even if that means one spouse needs to be supported by the other.
Temporary vs. Permanent Maintenance
Courts sometimes award temporary support, which helps pay for living expenses while the divorce is pending. For a spouse to obtain temporary maintenance, they must demonstrate their need for it and their inability to pay for their basic expenses during the divorce process.
Permanent maintenance provides ongoing financial support to a lower-earning spouse until they can become financially self-sufficient. The court goes through a more thorough analysis when determining whether to award this type of financial support.
Modifiability of Maintenance Orders
Spousal support orders can be modified due to significant changes in circumstances, such as retirement or health issues. An experienced attorney can review your situation and determine if you qualify for a modification of your spousal maintenance order.
Contact Our Colorado Spousal Support Lawyer Today
If you would like to learn more about whether your situation could result in an award of spousal maintenance and how a lawyer can help, call Stahly Miner LLC at (303) 797-2900.