For spouses seeking spousal support or spouses who believe they should not be required to provide support payments, it is crucial to understand their rights. The first step is speaking to an experienced Denver alimony attorney about the factors that determine spousal support and maintenance payments.
At Ciancio Ciancio Brown, P.C., we represent men and women throughout Colorado in spousal support and maintenance cases. Our Denver divorce attorneys are skilled at building a strong case on behalf of parties seeking spousal maintenance or parties seeking to demonstrate that their former spouse does not require financial assistance. Our law firm will protect your interests at all stages, building a comprehensive case on your behalf.
We can help you determine whether spousal maintenance is appropriate, prove your argument for or against it, and assist you with other aspects of your divorce case, as well – such as child support, child custody and property division. You can rely on us to take the time to understand your needs and pursue an outcome that is right for you now and in the future. Your Denver spousal support lawyer will take care of all of the legal elements of your divorce case – and alimony – while you concentrate on your future.
Spousal maintenance — also known as alimony or spousal support— is available for the purpose of ensuring that a non-earning or low-earning spouse is able to continue living the lifestyle he or she was accustomed to during the length of the marriage.
In Colorado, spousal maintenance can be ordered in divorces where one party is unable to fully support himself or herself during the divorce or after the marriage. Issues of whether a spouse is eligible for support payments or whether a spouse is capable of paying are often contentious.
Colorado Revised Statutes Section 14-10-114 states that since the economic lives of spouses are closely intertwined in marriage, a dissolution of marriage or legal separation can make it appropriate to temporarily ease the adjustment period for the lesser-earning spouse by ordering the other spouse to pay maintenance (alimony). To determine whether spousal maintenance is appropriate in a given situation, a number of factors will be considered, including:
Although every case is unique, in general, a spouse will be eligible for alimony payments if he or she earns significantly less than the other – especially if the marriage lasted more than 10 years or if the lower-earning spouse gave up a career to take care of the family. If you’re unsure of whether you’re eligible for spousal maintenance or will have to pay your spouse a monthly amount in alimony, consult with a Denver alimony attorney at Ciancio Ciancio Brown, P.C. for personalized legal counsel.
Once alimony orders are in place, the court’s divorce or separation orders typically include instructions for how the paying spouse makes their alimony payments. Depending on the decisions made in a divorce settlement agreement or in court, the paying spouse may pay through any of the following methods:
If a spouse fails to make a court-ordered alimony payment, enforcement measures such as wage garnishment may be ordered.
The courts in Colorado use the terms “temporary” and “permanent” alimony when giving these orders in a divorce case. However, this refers to the timing of the payment rather than its duration. A temporary alimony order only lasts from the time that the courts grant the request until the date that the divorce is finalized. Its purpose is to ensure the recipient’s quality of living while a divorce is pending and the couple is living separately.
Upon the finalization of a divorce decree, if the courts believe that the recipient of temporary alimony requires this payment for a longer amount of time, it will be turned into a permanent spousal maintenance order. In spite of the name, this type of alimony typically does not last indefinitely. Instead, its duration is determined according to the length of the marriage and how long it takes for the recipient to obtain the education and/or training to become self-sufficient.
State law in Colorado begins by advising a duration of 11 months of alimony for a marriage that lasted 3 years. This is the earliest length of a marriage that alimony is considered in Colorado. At 12.5 years of marriage, the advisory increases to half the length of the marriage. A couple that was married for 13 years, therefore, could expect an alimony duration of 6.5 years. For a long-term marriage, the Denver County courts may consider lifelong spousal maintenance.
Unlike child support, which is an automatic obligation included in every divorce when parents share children, spousal support is not a term included in divorce orders for all spouses. Instead, a judge considers the unique circumstances of each marriage and the financial situations of each spouse following the division of their marital assets. The court is more likely to order a higher-earning spouse to pay the lower-earner if the lower-earner supported their education and career advancement at the detriment of their own, left the workforce to raise children, has young children at home, or if illness or age prevent them from becoming self-sufficient. When these factors are in place, many spouses work with their lawyers and a mediator to arrive at a settlement agreement that includes alimony in one of the following types:
It’s essential to speak to your Denver alimony lawyer about your legal rights and obligations for paying or receiving alimony. If divorcing spouses cannot reach a settlement agreement for alimony terms, both sides must present their arguments in court in a contested divorce process for the judge to decide.
The courts in Colorado use a formula found in the spousal maintenance statute to calculate an appropriate amount of alimony to award, if any. The courts will multiply the combined incomes of both parties by 40 percent, then subtract the lower-earning spouse’s income. Next, this amount will be reduced by 20 percent if the alimony is tax-free. Note that a different formula is used if the couple surpasses a combined income of $20,000 per month. A Denver alimony attorney can help you understand the likelihood, duration and amount of alimony in your particular divorce case.
The court may order wage garnishment for delinquent spousal support payments. Wage garnishment deducts payments directly from the paying spouse’s paycheck to send the payment to the recipient spouse. If a spouse becomes significantly behind in payments, the recipient may file a motion to hold the paying spouse in contempt of court. Once found in contempt of court, the paying spouse may face legal penalties, including fines, attorney’s fees, interest payments on arrearages, and possible jail time. Additional enforcement measures sometimes include asset seizure, liens on property, and suspension of professional licenses or a driver’s license.
To learn more about how our Denver spousal support lawyers can help you with your maintenance, spousal support and alimony needs, contact us to schedule a case evaluation with a Denver spousal maintenance attorney.
Litigation is a journey, especially in the divorce process. This is a journey we have taken with our clients a countless number of times. If you face the uncertainty, risk, fear, anger, or disbelief that comes with the prospect of going through a legal dispute, the family law firm of Ciancio Ciancio Brown, P.C. will help you through it.