Going through a divorce is never easy, but in marital circumstances in which one spouse has been out of the workforce for years, it’s even more challenging and emotionally fraught on both sides.
The non-working spouse may worry about being left unable to support themselves, while the working spouse may resent the idea of continuing to support an ex-spouse after the divorce. During a Denver, CO divorce in a marriage in which one spouse is the sole provider, it’s important to understand each party’s rights and obligations are under the law.
Does a Non-Working Spouse Automatically Get Alimony in Colorado?
Spousal support (alimony) is never automatic in Colorado. Instead, a judge looks at each unique situation before deciding on spousal support, only in divorces in which spouses are unable to come to mutually agreeable terms on their own in a settlement agreement. In Colorado, a judge only makes decisions on spousal support after the division of marital property.
In Colorado, divorcing spouses must make full financial disclosures and divide all property and assets accumulated during the marriage in a way that’s fair and equitable if not 50/50. In addition, each spouse retains property that belonged solely to them before the marriage or was inherited by them or gifted to them during the marriage.
When judges awards spousal maintenance to a non-working spouse, it’s almost always an order for temporary maintenance for a set period of time, during which the non-working spouse is expected to find employment or further their education with the goal of future self-sufficiency.
Types of Alimony
Most people think of alimony only as monthly payments awarded to one spouse from the other after a divorce, particularly to a non-working spouse or lower earner, but the courts categorize several types of alimony, including the following:
- Temporary maintenance: The courts may award temporary maintenance to one spouse from the other during the divorce process to prevent immediate financial hardship until the divorce is finalized.
- Permanent alimony: This refers to a judge’s orders for alimony included in the final divorce decree. Although referred to as “permanent” as opposed to “temporary,” permanent alimony isn’t indefinite. It’s usually specified for a specific number of years based on the length of the marriage and the amount of time necessary for a lower-earning spouse to become self-sufficient.
- Rehabilitative maintenance: This is alimony awarded for a specific period, such as five years, to allow the lower earning spouse time to increase their education or earning ability, especially if they put their career goals on hold to support the other spouse’s career or education, or to raise children and care for the home.
- Reimbursement support: This is support paid from one spouse to the other, typically when one spouse paid for the other’s education or financially supported them while they attended school or established a business.
- Contractual, non-modifiable maintenance: This refers to pre-agreed-upon spousal maintenance payments per the terms of a prenuptial agreement
Less commonly, courts award separation maintenance for up to three years for spouses who are separated but not divorced.
What Does a Judge Consider When Making a Decision to Award Alimony?
In some marriages, one spouse puts their own career goals on hold or sacrifices them completely to support their spouse’s further education and career. In other instances, one spouse drops out of the workforce in order to focus on raising children and taking care of the household.
In these cases, the courts consider the non-working spouse as entitled to a portion of the working spouse’s income, since their sacrifice contributed to their spouse’s success in the workplace to the detriment of their own.
When deciding on spousal support in Colorado, a judge considers the following:
- Each party’s gross income, which may be zero for a non-working spouse
- Each spouse’s portion of the marital property
- Each spouse’s financial resources
- Reasonable financial needs as established during the spouses’ marriage
- The tax implications of a spousal maintenance order for both parties
- The lifestyle or accustomed standard of living established during the marriage
- Whether or not the non-working spouse has young children at home or a child with special needs that limits the spouse’s ability to work
- The length of the marriage
- The age and health of each spouse
If a dependent spouse has a disability or an illness that prevents them from working, a judge also considers those unique circumstances when making a legal determination on spousal support.
Division of Marital Property
One of the most important factors a judge considers when one spouse is non-working is the division of marital property during the divorce. The court may award a greater portion of assets to a non-working spouse if the spouse wasn’t working due to any of the following:
- They supported the other spouse’s education and career advancement to the detriment of their own education and career
- They left the workplace to care for children and the home
- They were unable to advance their career goals or earning ability due to their spouse’s military career or another career that involved travel, frequent moves, or overseas commitments
- They have a significant disability, medical condition, or mental health condition that precludes them from becoming self-sufficient
The division of marital property is also a factor when a judge considers an alimony request. If a non-working spouse’s share of the marital property is sufficient to support them financially, they may not require additional support through alimony.
Child Custody and Support Arrangements
A parent’s status as non-working may be one of many factors a judge considers when making child custody decisions. The court makes all Denver child custody decisions in a child’s best interest.
If one parent’s non-working status makes them less able to provide for a child’s basic daily needs, it could negatively impact their allotted number of parenting days in the child custody schedule. Contrarily, if a spouse’s work schedule is so busy that they have little time for the children, that may also impact the court’s decision in a parenting-time schedule.
If the non-working spouse is intentionally failing to gain employment to manipulate child support or spousal maintenance payments, the court may impute an income to them, or assign them the amount of income they are capable of earning, and use it to calculate child support.
Colorado Court’s Formula for Determining Spousal Support
Colorado has a formula to determine the amount of spousal support a higher-earning spouse must pay a lower-earning or non-working spouse; however, a judge in a Colorado divorce has the discretion to order spousal maintenance above or below the standards of the guidelines according to the unique circumstances of each case.
If you and your spouse are trying to figure out alimony payments, you might need help from a Denver family lawyer from Ciancio Ciancio Brown, P.C. today.