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Denver Spousal Support Lawyer

In Denver, spousal support can be a controversial topic during a divorce. It is also a topic that is misunderstood by family law clients. Here, you’ll learn more about spousal support in Colorado. If you have questions about this topic, schedule your consultation with the knowledgeable and experienced Denver spousal support lawyers of Stahly Mehrtens LLC.

What Is Denver Spousal Support?

In Colorado, spousal support is referred to as spousal maintenance. It is a payment that is made by the higher-earning spouse to the lower-earning spouse. The purpose of a spousal support payment is to ensure that the spouse receiving the payment can meet their basic needs both during and after the divorce process.

Colorado has five types of spousal maintenance:

  • Temporary spousal maintenance
  • Permanent spousal maintenance
  • Rehabilitative spousal maintenance
  • Reimbursement spousal maintenance
  • Separation maintenance

How Is Spousal Support Determined in Colorado?

Gender plays no part in receiving spousal support or maintenance in Colorado. The Court’s primary factors are:

  • Whether awarding it is fair and equitable
  • Whether the requesting spouse demonstrated the need for support
  • Whether the spouse who would be ordered to pay has the ability to do so
  • Whether the couple was married for more than three years

There are several other important factors as well, including:

  • The health of each spouse
  • The age of each spouse
  • The amount and length of time temporary support was sent during the divorce
  • Whether one spouse or both spouses contributed to the other’s educational, economic, or employment advancement
  • Each spouse’s ability to earn and their combined income
  • The lifestyle of each spouse during the splitting of the marital assets
  • Each spouse’s financial resources, including actual and potential income from both separate ad marital assets

How Long Does Denver Spousal Support Last?

How long spousal maintenance lasts depends on what the Court orders. As previously mentioned, there are several types of support in Colorado. You may be ordered to only make a one-time payment, or you may be ordered to pay ongoing support. For example:

  • Temporary support may be payments provided for a specific amount of time listed in the Court order.
  • Reimbursement support is used to support a spouse in receiving an education or job training so that they can financially support themselves.
  • Permanent support isn’t ordered often. It is for spouses who cannot become financially independent or gain employment skills often because of their age, illness, or disability. A Court may still set a termination date for this order.

Can Spousal Support Be Modified or Terminated?

Unless you have some type of written agreement that states the spousal support or maintenance agreement cannot be modified, then you may seek a modification. However, to receive a modification, you must be able to show the Court that there is a material change in circumstances that warrant the modification.

Termination is treated a bit differently.

  1. Most spousal maintenance orders and agreements have termination dates listed
  2. The spouses may have an agreement to terminate it.
  3. Spousal maintenance may end when the recipient remarries
  4. Spousal maintenance usually ends when either spouse remarries

Call Our Denver Spousal Support Lawyers

If you’re in the process of seeking a divorce involving spousal support, we’re here to help. Schedule your consultation with the Denver divorce lawyers of Stahly Mehrtens LLC.