Alimony is one of the issues that must be covered when a couple decides to file for divorce in Colorado. Both spouses may get alimony, sometimes called spousal maintenance, based on several variables.
We will go through the various alimony options and the conditions for spousal maintenance in Colorado. You must first be aware of the many types of alimony you can receive in Colorado and the applicable legislation.
According to Colorado case law, alimony, often referred to as “spousal maintenance,” is generally regarded as the sums required to cover the former spouse’s expenses for housing, food, clothes, and other essentials.
The definition has been broadened to cover payments paid to an ex-spouse so that they can continue to live in a manner they have grown accustomed to throughout the marriage. These payments are distinct from any child support obligations based on the terms of the custody arrangement.
During the divorce process, alimony payments can become a particularly contentious issue. To ensure that your rights are upheld, you must deal with an experienced divorce attorney throughout the process.
Alimony Types
There are five main kinds of alimony that Colorado courts may grant:
- Temporary alimony: This kind of alimony is provided for up to three years while the divorce is being processed.
- Permanent alimony: This kind of alimony is paid following the conclusion of the divorce and may continue eternally. When determining this alimony, the court considers several variables, including age, reliability, physical health, and employability. Although this kind of alimony is referred to as permanent alimony, it is crucial to remember that it isn’t necessarily permanent.
- Rehabilitative alimony: This type of alimony encourages self-sufficiency in the recipient spouse, so they can retrain themselves to support you and your children, if you have any, on their own. It has a five-year maximum lifespan.
- Reimbursement alimony: This alimony is given to make up for any financial contributions made by the supporting spouse during the marriage, such as paying for the other spouse’s education. It has a five-year maximum lifespan.
- Separation Alimony: When a couple is separated but not yet divorced, alimony of this kind is paid. It has a three-year maximum lifespan. Alimony payments will end if you and your spouse can get back together.
How Can You Be Considered for Alimony?
You and your attorney will collaborate to show that you have a financial need to be eligible for alimony payments. The judge will consider your employability and potential earning capacity when deciding whether you qualify for alimony and how much you should receive.
In most cases, a judge won’t permit an employable ex-spouse to continue collecting alimony while unemployed where employment is available. However, the judge will consider the expense of education or additional training and how long the former spouse has been unemployed when making alimony choices.
Conditions for Spousal Support
In Colorado, some standards must be met to qualify for spousal maintenance. You must first have been married for a minimum of ten years. The second need is proving your inability to sustain yourself. Finally, you need to demonstrate that your partner can help you. If you fit these criteria, you might be qualified for alimony in Colorado.
There are still a few considerations when it comes to alimony in Colorado, though:
- Alimony is not granted automatically; the court must be asked for it.
- Even if you meet the conditions, alimony may not always be granted. When determining whether or not to provide alimony, the court will take into account a variety of variables, including the duration of the marriage, the financial demands of both spouses, and each spouse’s capacity to support themselves.
- Alimony is frequently taxed as income, so consult a tax expert to see how alimony will affect your taxes.
Although Colorado’s alimony laws can be difficult to understand, they are crucial to know if you are going through a divorce. To ensure that you comprehend Colorado’s alimony rules and how they can apply to your circumstances, be sure to speak with an attorney.
To make sure you can support yourself financially after the divorce and to find an attorney that frequently handles alimony cases to assist you through the process, you should also consider speaking with a financial counselor. You can better position yourself for your impending alimony case with this knowledge and the help of a highly qualified attorney.
How Much Alimony is Permissible?
There is no accepted method in Colorado for calculating alimony payments. Instead, when deciding on alimony, judges will consider several circumstances.
These elements consist of the length of the marriage (generally, the longer the marriage, the longer the alimony payment requirements); the debts and assets of the marriage and the divorcing spouses individually (including any bankruptcy issues); the ability of the spouse receiving alimony to find employment; and the ability to pay back the alimony.
The amount of alimony that may be ordered to be paid and the duration of the payments are both unlimited by statute. However, alimony payment schedules can be contested. In Colorado, a superior court will reconstruct an alimony schedule if it is unfair or if the lower court overstepped its bounds.
How Long Are Alimony Payments Paid?
The duration of alimony payments is not legally capped in Colorado. However, the length of the alimony payment period will also probably be brief in short-lived marriages. For individuals leaving a marriage that lasted for a longer period of time, a judge will probably provide a longer period of alimony.
How Do You File an Alimony Petition?
When considerable debts or assets are associated with the marriage or the spouses individually, the alimony petitioning procedure can be drawn out and difficult. The divorce procedure is initiated by filing for divorce and notifying the other spouse of the filing (known as the service of process). The divorce will either become contested or not (both parties agree to divorce terms).
If the divorce is disputed, a judge will hear the case and decide whether to award alimony at that time.
Is Colorado Spousal Maintenance Modifiable?
When one of the parties can prove that the provisions of the initial order are unreasonable due to altered circumstances that are significant and ongoing, Colorado courts may modify spousal maintenance orders.
Unless it would result in significant unfairness or undue hardship, the adjustment will take effect as of the date the motion was filed if the judge determines that the circumstances have changed sufficiently.
How Is Spousal Maintenance Paid in Colorado?
The parties can agree on the parameters of support, such as how often and how they will be paid. If the couple cannot agree, the court will intervene and decide. Periodic payments—typically monthly—are suitable in the majority of situations. The court can also issue an income withholding order, which instructs the paying spouse’s employer to take the award immediately from the employee’s salary if the judgment specifies that maintenance is paid directly to the paying spouse.
Where Can You Discover the Ideal Attorney?
Talk about your divorce with a knowledgeable Colorado family lawyer right away. Your attorney will be able to guide you through the full legal procedure and fight to safeguard your rights.
