MAINTENANCE

(SPOUSAL SUPPORT/ALIMONY)

You may be familiar with the term alimony, or maybe even spousal support. In Colorado, it is called spousal maintenance, or simply “maintenance.” Maintenance is a monthly payment from one spouse to other during or after a divorce. Maintenance is intended to help a spouse maintain the lifestyle that they enjoyed during the marriage. It is especially likely for maintenance to be awarded if there is a significant disparity in income between the parties. Colorado utilizes “maintenance guidelines” to help determine how much should be paid and for how long after the divorce is finalized, but Judges are not required to follow guidelines. Because Judges have discretion in if and how to award maintenance, you should be prepared with a solid litigation strategy. There are strategies that can be employed to change these items and having quality, experienced counsel such as Palmer Family Law is vital to that end.

FAQs:

  • This depends on many things, but the biggest factor will be both parties’ incomes and how long the marriage is. Colorado has guidelines in place that start at about 30% of the length of the marriage and up to indefinite after 20 years of marriage. Many maintenance awards are for half of the length of the marriage. The amount is based upon a math formula which combines the income of the parties and subtracts out a certain percentage of it. This amount has been adjusted in the past few years due to tax changes at the federal level. It is roughly 30-30% of the total income after subtracting the lower earner’s income.

  • Unless you agree to make maintenance non-modifiable, it can potentially be changed later if there is a change in circumstances sufficient to show that the original amount is now unfair. For example, if one party was not working at the time of divorce and a few years later is earning a significant income and does not need maintenance, you may be able to reduce or terminate it entirely.

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