The courts consider child support in Colorado as an obligation during a divorce or between unmarried co-parents with a child custody agreement; however, spousal support (alimony) is not an automatic obligation after a divorce. Instead, a lower-earning spouse may seek alimony from the higher-earning spouse while negotiating a settlement or during a divorce trial in court.
While child support has a specific span—lasting until the youngest child comes of legal age—spousal support does not have a state-mandated time frame. Instead, the duration of spousal support in Colorado depends on the unique circumstances of the case. For more information on your unique case, reach out to our experienced divorce attorneys in Denver, CO for a free consultation.
When divorcing spouses separate one household into two, the courts require them to divide their marital assets and debts in a way that’s fair and equitable. Still, in many marriages, one spouse earns significantly more than the other, leaving financial disparity after the divorce with one spouse suffering a decline in their accustomed standard of living or even significant financial hardship. In these cases, one spouse may require support during the separation and divorce process, before the final divorce decree.
When one spouse seeks support from a higher-earning spouse during the divorce process, a court may award them temporary support. Then, during the final divorce hearing, the court may turn the temporary order into a permanent order, or they may change the amount of the spousal support order. In some cases, they may drop the temporary order if a court doesn’t find it appropriate for the spouses’ circumstances.
When a court orders “permanent” spousal support, it rarely means an order for indefinite support. Instead, permanent spousal support refers to a permanent order for support for a specific amount of time. Typically, the order allows enough time for a lower-earning spouse to become self-sufficient.
The duration of a spousal support order in Colorado depends on the circumstances of the case, including the amount of time necessary for a spouse to become self-sufficient and the duration of the marriage. An often-used formula for determining the length of a spousal support order uses half of the length of the marriage; however, this isn’t always the case because Colorado family court judges have the ultimate discretion in determining the length of a spousal support order when a divorce case goes to court.
Alternatively, divorcing spouses may negotiate their own settlement agreement with the help of their attorneys and a professional mediator, with mutually agreed-upon terms for the amount and duration of spousal support. Then, a judge signs the agreement and puts binding orders into place.
The length of a marriage is the most important factor in determining the duration of alimony orders in Colorado. Alimony is rarely awarded to a spouse if they’ve been married for less than three years. Conversely, a judge uses their discretion to determine alimony for marriages of more than 20 years duration rather than using a pre-determined amount. For some long-term marriages of 30 years or more, a judge may award permanent, lifelong alimony if one spouse has a lower earning ability than the other.
For marriages between three and 20 years, a judge typically applies the following formula to calculate alimony:
Although the formula provides guidelines for determining alimony based on the length of the marriage before the divorce, a judge does not have to adhere to the formula and may deviate from the above formula based on circumstances unique to the marriage. The terms of the divorce may also impact a judge’s decision for alimony, particularly the division of the spouses’ marital assets and debts.
Colorado courts do not award spousal support in every divorce. Often, both spouses earn similar incomes, or each spouse is self-sufficient. Courts are more likely to award spousal support under the following circumstances:
The amount and length of time for typical spousal support orders in Colorado may also depend on the accustomed living standards of the spouses during the marriage.
Unless divorcing spouses reach a mutually acceptable agreement for the amount and duration of alimony in an out-of-court settlement agreement, the judge ultimately makes the decision after carefully examining the evidence and arguments on both sides in divorce court. A judge may depart from the alimony duration guidelines in Colorado’s formula for calculating alimony if they feel that the circumstances warrant a deviation. Factors that influence alimony duration include the following:
In some cases, a judge decides to award a lower-earning spouse a larger portion of the marital assets rather than alimony, or in exchange for a shorter duration of their alimony order.
Spousal support is an often contentious issue, potentially leading to a contested divorce. Call the Colorado divorce attorneys with years of experience navigating the challenging issues associated with Colorado spousal support orders. At Ciancio Ciancio Brown, P.C. we prioritize your best interests, seeking a low-conflict resolution whenever possible so you have the best chance of a favorable outcome to meet your goals. Call us at (303) 451-0300 today.
