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Aurora Alimony Lawyer
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Alimony, also known as maintenance and spousal support, is money paid from one spouse to the other after their divorce is finalized. This money is meant to protect the lesser-earning spouse from experiencing financial hardship following the divorce. Generally, this is because that spouse chose not to work or to take on lower-paying work than he or she would normally perform to devote him- or herself to caring for the couple’s home and family full time. In Colorado, couples can waive their right to alimony in a prenuptial agreement, but courts have the right to disregard this waiver if they deem it to not be in the couple’s best interest at the time of their divorce.
Types of Alimony in Aurora, CO
There are two types of alimony: temporary and permanent.
Permanent alimony is exactly what is sounds like: alimony that the lesser earning spouse receives until he or she, or the paying spouse, dies. This type of alimony order can be terminated if the receiving spouse remarries, cohabitates with a new partner, or if the paying spouse experiences severe financial hardship.
Temporary alimony is money paid for a specific period of time. This type of maintenance award is far more common today than permanent alimony. The court examines relevant facts about the couple’s life together and as individuals to determine how long a temporary alimony order should last. It could last until the couple’s youngest child is in school, giving the lesser earning spouse time to pursue a career, or it could last until the lesser earning spouse completes an education or technical training that enables him or her to secure employment.
In either case, maintenance is paid on a regular schedule, generally monthly or biweekly.
Calculating an Aurora Alimony Order
< p>When a couple’s annual gross income is $75,000 or less, the court employs the following formula to determine a fair amount for temporary alimony orders:
40 percent of the higher earning partner’s adjusted gross monthly income – 50 percent of the lower earning spouse’s monthly adjusted gross income.
Otherwise, the court must determine that the lesser earning partner lacks the sufficient property and ability to become self-supporting at the given time in order to award maintenance to him or her. To determine this, the court considers the following:
- Both partner’s age and health;
- Whether the lesser earning spouse is a full-time parent and cannot yet seek full time employment;
- The length of the marriage;
- The lesser earning spouse’s employability; and
- The standard of living established during the marriage.
For couples whose incomes exceed $75,000, these factors are also considered to determine an appropriate maintenance amount.
Terminating an Alimony Order
If the paying partner experiences a change in circumstances, such as retirement or job loss, he or she can modify or even terminate an existing maintenance order. If the receiving partner remarries, the order is terminated unless there is a specific agreement for this to not occur.
Work with an Experienced Aurora, CO Alimony Lawyer
It is not uncommon for alimony to be part of a divorce settlement. If you are considering filing for divorce, discuss this and other issues in greater detail with an experienced Aurora alimony lawyer at Divorce Matters®. Contact our firm today to set up your initial consultation in our office.
Divorce Matters® represents clients throughout Metro Denver and the Front Range including: Arapahoe County, Aurora, Boulder, Bow Mar, Castle Pines, Castle Rock, Centennial, Douglas County, Englewood, Cherry Hills Village, Denver, Greenwood Village, Jefferson County, Highlands Ranch, Littleton, Lone Tree, Louisville, and Parker.
Call Divorce Matters® today at (720) 463-1232 to schedule an appointment with an attorney.