Hire An Expert in Colorado’s Spousal Maintenance Statute
Following a divorce, one of the big issues that must be addressed is that of alimony or spousal maintenance. In Colorado, if you were not the primary earner in your marriage and you gave up a career in order to support your family at home, you may have grounds to receive alimony payments following your divorce. These payments can help offset the loss of income until you are able to receive training and get a job that allows you to support yourself going forward.
When you hire an experienced spousal support attorney in Denver, you can ensure that your best interests are protected when it comes to alimony payments. Attorney Stephan Uslan offers over 40 years of experience! Call (303) 622-5761 to get started today.
Spousal support in a divorce (also referred to as “alimony” or “spousal maintenance”) is intended to offset the negative financial impact of a divorce on a spouse who may have given up the opportunity for a career in order to support the family during the marriage. Following the divorce, and the subsequent removal of the primary earner’s income, this spouse may need time to get a job to support themselves and maintain the standard of living they had prior to the divorce.
In order for a spouse to receive alimony payments they will need to either come to an agreement with the other spouse on their own, or take the matter to court and prove that they deserve alimony payments and that the other spouse is able to pay. Unlike child support payments, alimony is not guaranteed. It’s something that the judge must be fully convinced of in order to award it to a spouse.
Alimony payments are determined on a case-by-case basis and can vary greatly in amount, frequency and duration. The court will take into consideration the following factors when deciding whether or not to award spousal maintenance:
- How the property was divided during the divorce
- The lifestyle that the requesting spouse had prior to the divorce
- Both spouses’ financial resources and income
- Both spouses’ employment status or employability status
- How long the couple was married
- Income related to overtime or holding a second job
- The health and age of both individuals as it may affect employability
- How either spouse contributed to the other spouse’s economic, educational, or occupational advancement during the marriage
- The paying spouse’s capability to make the requested payments
In addition to the above-mentioned factors, the courts may take into consideration any other factors that they deem relevant. You can read more about how alimony payments are determined here.
Calculating Spousal Support
In Colorado, judges also use a specific formula to calculate spousal maintenance payments. To calculate spousal support payments they calculate 40% of the higher earner’s monthly adjusted gross income and subtract 50% of the lower earner’s adjusted gross income. This amount is then paid to the lower earner out of the higher earner’s income.
In most cases, Colorado spousal maintenance guidelines require that the spouse requesting alimony have been married to the other individual for a minimum of 3 years. In some cases, states may recognize what’s known as “Palimony.” Palimony refers to the payments awarded to an ex-partner following the dissolution of a common law marriage. In order for a marriage to be considered common law, the partners must meet several criteria set forth by the state of Colorado.
Yes. Unless both spouses have agreed not to modify the payment agreement, spousal maintenance payments can be reduced or otherwise modified. In order for spousal support to be modified, the paying spouse must submit a request to the court for modification based on a change in financial circumstances.
Colorado alimony laws can be complex. If you need help getting your spousal maintenance payments reduced, reach out to a Denver spousal support lawyer at The Law Office of Stephan E. Uslan today by filling out our online contact form.
In order to terminate spousal maintenance in Colorado, one of the following must occur:
- In cases of “Rehabilitative support” the paying spouse only needs to continue making alimony payments until the other spouse is able to receive training and get a job that allows them to support themselves
- If the recipient of the alimony payments remarries at any point, the alimony payments may be terminated
- In cases where the recipient has been awarded long-term or permanent spousal support, the paying spouse is able to terminate payments upon the death of the recipient
There are some other situations where support may be terminated earlier. If you’re unsure whether or not your spousal maintenance agreement qualifies for one of these, you can reach out to our team at The Law Office of Stephan E. Uslan to discuss your situation.
If your ex-spouse refuses to pay alimony, you have the right to file a lawsuit against them for violation of court orders. The court can then work to enforce the payment order and ensure that you start receiving the alimony you have been promised.
Whether you need assistance with arranging for alimony payments, reducing or modifying existing spousal support, or enforcing spousal maintenance orders, Attorney Stephan Uslan is here to help. With over 40 years of experience in family law, he is prepared to fight for your best interests.
When it comes to determining alimony payments, it’s important to get it right. When you hire Attorney Uslan to represent you, you can be sure that your best interests will be kept in mind and that he will fight to obtain the best possible results for you. Call (303) 622-5761 now!
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