For spouses seeking spousal support or spouses who believe they should not be required to provide 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.
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 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 — 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 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 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.
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 courts may consider lifelong spousal maintenance.
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.
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.
Litigation is a journey. 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 law firm of Ciancio Ciancio Brown, P.C. will help you through it.
