If you decide to get a divorce in Colorado, one of the issues that may need to be addressed is spousal maintenance (sometimes known as spousal support or alimony in other states). The court can award maintenance to either spouse, depending on various factors that we explain below. At Hogan Omidi, PC, we can discuss your long-term objectives and determine how spousal support fits into the equation. You can call us at (303) 691-9600 or contact us online to learn more about spousal support.
Spousal Support Rules in Colorado
Spousal maintenance is not automatic and must be requested for the court to consider. In some instances, even when maintenance is requested, the court may not award it. The court considers many factors when determining whether an award of spousal support is appropriate, and, if so, how much should be awarded. The two most important factors the court considers are the need for the recipient spouse to be awarded maintenance and the ability of the paying spouse to cover maintenance and their own obligations. Other factors the court will consider include:
- The financial resources of the recipient spouse, including property awarded to them as part of the divorce
- The duration of the marriage
- Each spouse’s age and health
- The standard of living established during the marriage
- The time necessary for the recipient spouse to acquire sufficient education or training to become self-sufficient
- The future earning capacity of the recipient spouse
Types of Spousal Maintenance in Colorado
Colorado courts can order different types of maintenance, including:
Temporary Maintenance
Interim or Temporary maintenance is sometimes awarded during the pendency of the divorce case to provide for support needs while the case is going on. After the divorce is finalized, this type of maintenance may stop and another type may be ordered. Alternatively, this might be the only type awarded.
Maintenance at Final Orders
Longer term maintenance may or may not be awarded at the time of the final divorce, depending on the financial circumstances of both parties and the other financial orders. Sometimes maintenance may be awarded for a fixed number of months or years, especially if it is expected that the recipient spouse can become self-sufficient by acquiring additional education or training. In other situations maintenance may be awarded for an indefinite period.
An experienced Cherry Creek spousal support attorney can review your circumstances and explain the type(s) of maintenance that may apply in your situation and fight for a fair outcome in your case. We can also advise you on how other legal matters like property division and child support can be affected by a maintenance award.
Contact a Cherry Creek Spousal Support Attorney for Help
Spousal maintenance in Colorado can be a confusing and contentious topic. Spouses may not agree as to whether spousal support should be provided and what amount should be provided. At Hogan Omidi, PC, we want you to understand Colorado spousal support laws so we can help you can make informed decisions about your future. Our Cherry Creek spousal support attorneys focus on identifying your long-term objectives and working to achieve them. We want to help ease your burden during this time in your life. We can answer any questions you have and walk you through spousal support laws in Colorado when you call us at (303) 691-9600 or contact us online.