Can You Challenge an Alimony Agreement?

While child support is an obligation in a Colorado divorce between parents, spousal support (alimony or spousal maintenance) isn’t automatic in every Colorado divorce. Instead, the court considers the unique circumstances of each case, including a substantial income discrepancy between divorcing spouses and the lower-earning spouse’s share of the marital assets.

When one spouse faces a significant decrease in their accustomed lifestyle or financial hardship after a divorce, the judge may grant a request for spousal support. Unfortunately, sometimes these orders aren’t fair, are based on erroneous information, or otherwise warrant revisiting the agreement or order in court. When can a divorced spouse challenge an alimony agreement in Colorado? Contact us today to review your case.

When Can You Challenge a Colorado Spousal Maintenance Order?

In the best-case scenario of divorce, both spouses can communicate and compromise effectively and come to a settlement agreement—sometimes including an alimony agreement paid from a higher-earning spouse to a lower-earner. Unfortunately, many spouses cannot arrive at mutually agreeable terms and argue their cases in court for a judge to decide.

Either way, in the end, a judge signs the terms of the divorce into binding orders, sometimes including a spousal support order with a monthly amount paid from one spouse to the other for a specified duration. But what if the terms of the agreement are intrinsically unfair to one spouse or circumstances change substantially after a judge signs alimony orders into a divorce decree?

Fortunately, a judge will revisit the terms of an alimony agreement in Colorado under some circumstances, including the following:

• If there’s been a substantial long-term change in one or both spouse’s financial circumstances, such as job loss or reduced working hours
• If one spouse experiences an adverse change in their medical condition that limits or prohibits their ability to work
• If one spouse has a substantial increase in their economic circumstances or a financial windfall
• If either spouse discovers that the other committed fraud during their financial disclosure or misrepresented their economic circumstances
• If coercion occurred during the divorce settlement agreement
• If a spouse begins cohabitating with someone else in “marriage-like” circumstances and it significantly changes their financial circumstances due to shared bank accounts and living expenses

Challenging a spousal maintenance order in Colorado requires compelling evidence of the substantial, ongoing change in circumstances.

How to Request a Modification Of a Spousal Support Order In Colorado

Challenging alimony orders in Colorado require a legal process that begins with filing a motion in the court with jurisdiction over the divorce. The spouse requesting the modification must present compelling evidence of a substantial change in their financial circumstances or those of the other spouse at a hearing.

Alternatively, they must show strong evidence that their spouse misrepresented their income or assets during the divorce settlement process. The other spouse may present evidence and testimony supporting their position.

Can a Divorce Attorney In Colorado Help My Case?

When you wish to challenge an alimony order in court, you need experienced legal counsel to avoid an unfavorable outcome. At Ciancio Ciancio Brown, P.C. we understand the urgency and importance of taking this step. Call our Colorado family law office at (303) 451-0300 so we can take prompt action in your case.