Spousal Maintenance

Spousal maintenance, also known as alimony or spousal support, refers to the financial support paid by one spouse to the other during or after a divorce or legal separation in Colorado. The purpose of spousal maintenance is to address any economic imbalances that may exist between the spouses as a result of the marriage and its dissolution.

Here are some key points about spousal maintenance in Colorado:

Calculation:

Like child support, there are some specific formula or guideline for calculating spousal maintenance in Colorado. The court does have broad discretion in determining the amount and duration of spousal maintenance based on various factors.

Factors Considered:

When deciding whether to award spousal maintenance and determining its amount and duration, the court considers several factors, including:

   – The financial resources and earning capacity of each spouse

   – The standard of living established during the marriage

   – The duration of the marriage

   – The age and health of each spouse

   – The contributions of each spouse to the marriage, including childcare and homemaking

   – The education and training of each spouse

   – Any economic or other disadvantages suffered by one spouse due to the marriage

Temporary and Permanent Maintenance:

Spousal maintenance in Colorado can be awarded on a temporary or permanent basis. Temporary maintenance is often awarded during the divorce proceedings to provide financial support until a final determination is made. Permanent maintenance, on the other hand, may be awarded for a longer duration or until certain triggering events occur, such as remarriage or the death of either spouse.

Modification:

Spousal maintenance orders can be modified if there is a substantial and continuing change in circumstances that makes the original order unfair or unreasonable.  This is much more difficult if the parties agree to make Spousal Maintenance a contractual agreement.  Either spouse can request a modification by filing a motion with the court.

Termination:

Spousal maintenance orders in Colorado can terminate under certain conditions, including the death of either spouse, the remarriage of the recipient spouse, or the recipient spouse cohabiting with a new partner in a committed relationship.

Tax Implications:

It’s worth noting that under the Tax Cuts and Jobs Act of 2017, for divorces finalized after December 31, 2018, spousal maintenance is no longer tax-deductible for the paying spouse, and the recipient spouse no longer includes it as taxable income.

Please understand that spousal maintenance laws can be complex, and the specific outcome in any given case will depend on the unique circumstances involved. If you need detailed advice or have specific questions about spousal maintenance in Colorado, it’s recommended to consult with an attorney or a family law professional who can provide guidance tailored to your situation.