Spousal maintenance, also known as alimony, can be a contentious issue in divorce. At Stahly Mehrtens Miner LLC, our Denver spousal maintenance lawyers have extensive experience helping clients understand their rights and options. We will work with you to determine whether you are eligible for spousal maintenance and to negotiate a fair agreement with your spouse.
We understand that spousal maintenance can be a sensitive topic, and we will handle your case with the utmost discretion. Our Denver spousal maintenance attorney will also keep you informed of the process every step of the way.
Schedule a consultation today to discuss your spousal maintenance matter with one of our experienced divorce attorneys in Denver. We will answer your questions and help you understand your options. Get started today by calling 303-797-2900 or contacting us online.
What Is Spousal Maintenance?
In Colorado, spousal maintenance is a payment that is made by the higher-earning spouse to the lower-earning spouse. The purpose of a spousal maintenance 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 Maintenance Determined in Colorado?
Gender plays no part in receiving spousal maintenance in Colorado. The Court’s primary factors are:
- Whether awarding it is fair and equitable
- Whether the requesting spouse demonstrated the need for financial 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 Spousal Maintenance Last?
How long spousal maintenance lasts depends on what type the Court orders. As previously mentioned, there are several types of spousal maintenance 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 maintenance may be payments provided for a specific amount of time listed in the Court order.
- Reimbursement maintenance is used to support a spouse in receiving an education or job training so that they can financially support themselves.
- Permanent maintenance 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 Maintenance Be Modified or Terminated?
Unless you have some type of written agreement that states the spousal maintenance agreement cannot be modified, then you may seek a modification at any point. 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.
- Most spousal maintenance orders and agreements have termination dates listed
- The spouses may have an agreement to terminate it
- Spousal maintenance may end when the recipient remarries
- Spousal maintenance usually ends when either spouse remarries
Let Our Denver Spousal Maintenance Attorney Help You
If you’re in the process of seeking a divorce involving spousal maintenance, we’re here to help. Schedule your consultation with the experienced Denver spousal maintenance lawyers of Stahly Mehrtens Miner LLC. If there are additional family matters that you may need help with during a divorce, our Denver family law lawyers can help. Call us today at 303-797-2900 or contact us online to set up a consultation.