No one enters a marriage expecting to get divorced. However, the unfortunate reality is that sometimes marriages end. If you find yourself in this situation, it is important to understand your legal rights and options. This is especially true when it comes to spousal support, which can be a contentious issue in any divorce.
What Is Spousal Maintenance?
In Colorado, spousal maintenance, sometimes called alimony in other states, is the money a higher earning spouse pays to the lower earning spouse to ensure that both spouses are able to meet their reasonable living expenses after the divorce. There are two different types of support: interim or temporary orders that cover the time when the divorce action is going on, and the final orders that take effect when the divorce is concluded.
How Long Does Spousal Maintenance Last in Denver?
Typically the duration of maintenance depends on the duration of the marriage. However, if you were married for less than three years, the court may not award any spousal maintenance. Additionally, for marriages that lasted 20 years or longer, the court can award lifetime maintenance.
Calculating Spousal Maintenance When Combined Income is Above $250,000
Maintenance is calculated based on the combined gross incomes of the spouses. In Denver, the amount of maintenance awarded when the spouses’ combined income is more than $250,000 is not simply determined by looking at the high end of the maintenance calculator. There are many factors that go into determining the amount of maintenance, but the following are given considerable weight in these circumstances:
One of the key factors in determining maintenance is income disparity. This looks at how much each spouse earns and whether one spouse relies on the other for financial support. For example, if one spouse earns $300,000 per year and the other earns $50,000 per year, there is a significant income disparity. This would likely be taken into consideration when deciding on an appropriate maintenance amount.
Another factor that is considered is the accustomed lifestyle of the couple. This refers to the standard of living that the couple was used to during the marriage. For example, if the couple lived in a large home with a luxurious lifestyle, it would be difficult for one spouse to maintain that same lifestyle after divorce without financial support from the other spouse. Therefore, this would likely be taken into consideration when deciding on an appropriate maintenance amount. However, it is important to keep in mind that spouses are not guaranteed to have equal incomes after a divorce. As well, if the family had a pattern of overspending during the marriage, there is no way either party will be able to afford such a lifestyle after divorce.
Another factor that may be considered is childcare responsibilities. If one spouse has primary responsibility for a very young child or children and is unable to work full-time as a result, that may come into play when deciding on an appropriate level of financial support. Experienced child support attorneys in Denver can help handle
Employable Skills and Past Earnings
If one spouse has fewer employable skills or has been out of the workforce for a significant period of time, that may be taken into consideration when deciding on an appropriate level and duration of financial support. That does not mean a stay-at-home spouse will be able to avoid employment indefinitely but he or she may need some time for education or retraining before being fully employable.
Age and Health of Both Spouses
Finally, the age and health of both spouses may also be considered when deciding on an appropriate level of financial support. If one spouse is older or suffers from poor health, that may warrant a higher level of financial support than if both spouses were younger and healthy.
There are many factors to consider when determining the amount of maintenance in Denver divorces. The state’s maintenance calculator is merely a guideline; it is up to the judge hearing the case to decide what amount is appropriate given all circumstances.
Why You Should Hire Hogan Omidi, PC, For Your Family Law Matters
When you are going through a divorce, you need a skilled divorce attorney in Denver who is going to fight for you and your family. Here are three reasons why you should hire a family law attorney from our firm:
1. We Emphasizes Civility and Practicality
When you are going through a divorce, you need a divorce attorney who is going to take a deliberate approach. We never try to drag out the process or create problems. Instead, our goal is to find practical solutions that work for both parties.
2. We Help Clients Think “Big Picture”
During a divorce, it can be easy to get caught up in the details and lose sight of what is truly important. That’s why you need an attorney who can help you think about the big picture and identify what is truly important. This will help you make decisions that are in the best interests of yourself and your family long-term.
3. Family Law is Our Sole Focus
When you hire our Denver family law attorneys, you can be confident that you are hiring someone who specializes in family law. We have spent our careers representing clients in divorce and family law matters. We know the law inside and out, and we know how to get results for our clients.
Contact us today to schedule a consultation with one of our experienced attorneys.