Is Alimony Taxable?

Alimony is a payment, typically paid from the higher earning spouse (the paying partner) to the lower earning spouse (the receiving partner). This payment is meant to help the lower earning spouse be independent and self-supporting.

When you’re going through a divorce, the tax implications probably aren’t what you’re focused on. However, the taxes you pay on alimony can be important to your own personal finances and budgeting. Because the rules on alimony being taxed have recently changed, it is important to know the ins and outs of the IRS’s rules for alimony, also known as spousal maintenance in Colorado.

Is Alimony Taxable?

Whether or not you pay taxes on alimony depends on if you are the paying partner or the receiving partner. If you are the paying partner, your payments are NOT tax deductible. Your taxes will be calculated with your entire income, pre-alimony payments. If you are the receiving partner, your alimony payments will NOT be taxed as income. You will be able to retain the entirety of your alimony payment, even after taxes. It is important to note that the policy on taxed alimony is separate from the policy on taxed child support. Child support is never taxed in the state of Colorado.

The Exception to the Rule

While alimony is taxed currently, it wasn’t always that way. Prior to 2019, alimony was tax deductible for the paying partner and taxed as income for the receiving partner. If your alimony agreement was entered prior to the change in legislation, you will be grandfathered in. This means that if your alimony agreement was entered before January 1st of 2019, you will be subject to the previous legislation. In this case, if you are the paying partner, your alimony payments will continue to be tax deductible. If you are the receiving partner, your alimony payments will continue to be taxed. If you’d like more information, you can read it straight from the IRS here!

How We Can Help

Divorce Matters attorneys are well-versed in every aspect of divorce, including alimony. We can help you understand your options, whether you’re just starting out in the divorce process or if you need to change your current alimony arrangement. If you have any questions regarding your current alimony

arrangement, give us a call at (720) 386-9176 or click here!

Can Cheating Affect My Divorce?

Adultery (known as cheating, in more modern terms) is a word you often hear connected to divorce. But what does cheating really mean for your Colorado divorce case? Can it hurt you while you are divorcing?

No Fault Divorce

Colorado is a no fault divorce state, meaning that couples seeking a divorce don’t have to show a reason for their divorce. In Colorado, a divorcing couple simply has to state that their marriage is “irretrievably broken”. Because of this, Colorado law specifically notes that adultery is not a legally recognized reason for divorce.

On the other side of the coin, in states that do require grounds for divorce, adultery is considered a legitimate reason to get divorced. In some states, adultery can even affect the amount of alimony given out, especially if the spouse requesting the alimony is the one who committed adultery.

Can Adultery Affect Alimony?

The short answer is no. A judge in Colorado will consider a laundry list of factors when deciding on how much alimony is appropriate, including:

the financial resources of each spouse

the couple’s lifestyle and spending habits during marriage

the education, employability, and earning capacity of each spouse

the marriage length

the age and heath of each spouse, including any special healthcare needs

non-monetary contributions to the marriage, like child care

any other factors that are relevant

Notice that this list does not include adultery. That is because Colorado judges actually cannot consider adultery, or ay other misconduct, when making alimony decisions.

Can Adultery Affect Child Custody

As with alimony, adultery will not affect the court’s child custody decision. The child’s best interests are the most important thing to take into consideration, not the parents’ fidelity.

If you would like to schedule and initial consultation and discuss the effects of adultery with one of our highly experienced divorce attorneys, visit our website!

What Types of Law Does Divorce Matters Practice?

Just from our name, it’s easy to tell that we excel in divorce law, but what other kinds of cases can Divorce Matters handle? We are a law firm specializing in family law. Family law covers a wide variety of different cases including:


Estate Planning

Divisions of Marital Property

An important part of the divorce process in Colorado is figuring out how to divide marital property. The procedure generally involves two steps. First, it must be determined what marital property is. Second, the marital property must be divided equitably

Spousal Maintenance

In Colorado, neither spouse has an automatic right to maintenance. The court may award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to meet their reasonable needs and, in addition, is either unable to support themselves through appropriate employment or should not be required to seek employment because of child care responsibilities. Divorce Matters has lots of experience in Spousal Maintenance negotiations and our attorneys are the perfect choice to help you!

Child Custody

When children are involved, the divorce process doesn’t end once the final paperwork is filed. With children come often contentious and painful negotiations about and modification of parental rights, parenting time, and custody. Our team has deep experience dealing with child custody and parental rights issues and we believe it is our duty and an imperative to help couples address custody and rights issues in ways that reduce the impact of divorce and protect children in the process.

Child Support

In Colorado, child support is based on strict guidelines dictated by state laws and statutes. The issue of child support is separate and distinct from the issue of parenting time, and child support payments may not be conditioned upon parenting time. Due to these strict laws, it is important to have guidance from an expert attorney throughout the process.

Post Decree Modifications

Have your circumstances changed since your divorce? Have you lost your job? Has your ex-spouse received a salary increase? Did your ex-spouse fail to disclose financial matters during the dissolution of marriage? Once your divorce is finalized, fortunately, not everything in your original separation agreement or parenting plan is set in stone. Courts recognize that circumstances change, and, sometimes, spouses hide income or assets during the divorce process. Depending on the exact circumstances of your case, you may have a variety of options post-decree. In the following sections, we explore your options in modifying maintenance, child support, parenting time, custody, and decision-making, as well as how you can reopen your property division.

Mediation and Arbitration

Mediation and arbitration are perfect options for anyone going through a divorce. Both options allow the partners to take more control in the divorce, as well as keep the process out of court. Not only does Divorce Matters represent clients through mediation and arbitration, but we also have a mediator on staff!

Domestic Violence

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status. The unfortunate reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year.

Contempt of Court

After having gone through a divorce or once you have some orders from the court, you may at some point find yourself on either end of a contempt of court action if one of the parties is not complying with the orders. If you find yourself on either end of a contempt action, Divorce Matters is here to help!

Unbundled Legal Services

Unbundled legal services are the perfect solution for anyone not ready to jump into full-scale representation. With unbundled services, you can hire an attorney at their hourly rate to help you with specific aspects of your legal troubles, like filing paperwork or gathering documents!

Common-Law Marriage

The state of Colorado allows couples to enter into common law marriage. However, the parameters of common law marriage can be hazy and difficult to understand, just like common law divorce


If your case falls under family law, we can help with your appeal!

Prenuptial Agreements

While there are a million things to plan when a couple decides to marry, often the most difficult to discuss with your future partner is the possible need for a prenuptial agreement. While this subject is not the most romantic or exciting part of wedding planning, a couple contemplating marriage in Colorado may need to consider entering into a prenuptial agreement, or a contract before marriage.

Military Divorce

To thank our Military service members, we even offer 10% off of legal fees! This discount is offered to all active and retired service members, veterans, and military spouses.

Thomas Legal Firm

While Divorce Matters only deals in family law, we do have a sister law firm that offers other services. Thomas Law Firm deals with Criminal matters as well as Civil Law matters, including general litigation, civil rights, workers’ compensation, and business defense litigation.

American Rescue Plan Act of 2021

The American Rescue Plan Act of 2021 was signed into law on March 11, 2021. This economic stimulus bill was passed to counteract the negative health and economic effects of the COVID-19 pandemic and built upon previous legislation meant to do the same.

The bills key features include:

  • Extending expanded unemployment benefits through September 6, 2021
  • $1,400 direct payments to individuals, including eligible adult dependents (college students, SSI recipients, SSDI recipients). These benefits begin to phase out according to the following income schedule:
    • 75,000 for individuals, with no payment going to those earning more than $80,000
    • $112,500 for single parents, with no payment going to those earning more than $120,000
    • $150,000 for couples, with no payment going to those earning more than $160,000
  • Expanded tax credits for the 2021 year, including the child tax credit, child and dependent care credit, and the earned income tax credit
  • Small business grants
  • Funding for education, housing, COVID-19 healthcare, agriculture, transportation, and cybersecurity
  • Changes to ACA, COBRA, Medicaid and CHIP

While the passage of the American Rescue Plan Act may have brought some relief to families across the country, it also brings with it many questions if you are going through or have been through a divorce. How do these tax credits affect your family? What about the stimulus checks? We’ve compiled answers to your most pressing questions so you can understand how this may affect you and your family. If you have any other questions, reach out to us today and schedule a consultation with one of our attorneys. We always recommend speaking with a tax professional or your financial advisor if you have questions regarding your tax situation.



[accordion title=”Q. Who will receive the stimulus payments for dependent children?“]

A. For people who filed jointly in 2019 and have not yet filed their 2020 taxes, the stimulus will go to the joint bank account they used for their 2019 taxes. If a direct deposit cannot be completed, it will be mailed to the address on the most recent tax return. If you filed separately and have not yet filed for 2020, the person who claimed the dependent children in 2019 will receive the stimulus payment. If one person has filed and claimed the child, the first person to file taxes will receive the stimulus.


[accordion title=”Q. Can I fight it if I feel like the stimulus payment(s) were sent to my ex incorrectly?“]

A. There is a process to appeal:

  1. Send docs to IRS
  2. Once the IRS has received your documents, they will examine both returns – the return with the claimed dependent(s) and yours – and apply the tiebreaker rules based on the criteria listed below. The process might take 8-12 weeks.
  3. If you found out that you claimed a dependent incorrectly on an IRS-accepted tax return, you will need to file a tax amendment or form 1040-X and remove the dependent from your tax return.
  4. Tiebreaker rules:
    i. A married couple or parents prepare and e-file or file a married joint tax return and claim the child a qualifying dependent.
    ii. Only one parent of the couple, who is also the child’s parent, claims the child as a qualifying child or dependent.
    iii. If the child has two persons as parents and the two persons do NOT file a married joint return, then the parent with whom the child lived or resided for the longer time period during a tax year will be qualified to claim.
    iv. If the child lived or resided with each parent the same amount of time during the tax year, the parent with the highest adjusted gross income or AGI will be able to claim. No married joint return, both parents claim the child on their respective return.
    v. If no parent claims the child as a qualifying child, then the person with the highest AGI qualifies over any parent who may have been able to claim the child, such as a qualifying step-parent or relative.
    vi. Because of the second tiebreaker rule (residence), the parent who has legal custody of a child is generally the parent who gets to claim the child in cases of divorced or separated parents. If you are the custodial parent and you wish to relinquish your dependency exemption and assign it to the non-custodial parent, you may do so by filing Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent.


[accordion title=”Q. Is my stimulus payment considered part of my income when calculating maintenance and child support?“]

A. Per the IRS, the payment is not income and not taxable. From a practical perspective, the amount is unlikely to make a significant difference in the calculation of child support or maintenance.


[accordion title=”Q. What if my ex files their taxes claiming the Child Tax Credit and I feel like I should have been able to?“]

A. Keep in mind, an accepted tax return is not a guarantee to also have the right to claim the dependents on that return. If your ex erroneously claimed your child as a dependent, the Internal Revenue Code allows them to amend their tax return within three years of filing the original or within two years of paying the relevant tax, whichever is later. However, eliminating the dependent generally increases their taxable income and may require them to pay additional tax for that year. Although penalties may apply to the underpayment, the IRS can waive them if they can convince them that it was an unintentional error.

If they choose not to amend their tax return, they run the risk of the IRS discovering that the same child is being claimed as a dependent on two returns. The IRS has three years from the time they file the original return to perform an examination and make additional assessments. In the event they are chosen for an audit, the agency is likely to require proof that your child either lives with them or that they have your consent.

There is the possibility that the IRS will not discover the error within the three-year period. However, if they claim a dependent with full knowledge that they do not qualify, the IRS may argue that it has an unlimited amount of time to examine their return since they made a willful attempt to evade income tax.


[accordion title=”Q. If I am in the middle of a divorce and it isn’t finalized yet, how do the stimulus payments and Child Tax Credit affect me? Do my ex and I split these?“]

A. This depends on what agreements are made or if there are any temporary orders in place. If you were married on the last day of 2020, you have to file as married jointly or married filing separately. Whether these payments should be split depends on the unique circumstances of the parties. We recommend you reach out to speak with one of our attorneys if you have any questions.

Miscellaneous Other Child Tax Credit Information:

  • You have to file a tax return to get this credit, even if you don’t owe tax and are not legally obligated to file a return.
  • This tax credit is refundable. So, if you’re due to receive a credit of $5,000 but you owe only $2,000 in taxes, you might get a check for $3,000.
  • For the 2020 tax year, there are special rules due to coronavirus: You can use either your 2019 income or your 2020 income to calculate your tax credit, and you can use whichever number gets you the bigger tax credit. Be sure to ask your tax preparer to run the numbers both ways.
  • A number of states offer some version of an earned income tax credit for working families, so you might be able to get that credit too.



CO Supreme Court Recognizes Same-Gendered Common Law Marriage

On Monday, January 5th 2021 the Colorado Supreme Court ruled that same-gendered couples that were in common-law marriages before the 2015 Obergefell v. Hodges legalization of same-sex marriage are now seen as valid in the eyes of Colorado State law.


Common-Law Marriages in Colorado


Colorado is unique in that it is one of eight states that recognize common-law marriage in the United States. A common-law marriage is a partnership between two people where they are not legally bound by a marriage license, but they hold themselves out as married. A couple may hold themselves out as married if they have combined bank accounts or assets, are recognized by family and close friends as married, live together, file taxes jointly, have children together, share insurance, etc.


Same-Sex Common Law Marriages Before 2015 Now Recognized


This recognition of same-sex common-law marriages that began prior to the 2015 Supreme Court decision is an exciting ruling, as it applies the law fairly for all couples who have ever been in a common-law marriage in Colorado, regardless of their sexual orientation.


This means if you and your spouse are in a same-sex relationship and held yourself out as married without a license before the 2015 Supreme Court ruling, you may be considered common-law married if you meet the criteria for common-law marriage. It also means you can now go through the divorce process if you are separating so you can fairly resolve the dissolution of your marriage through legal means.


If you and your partner are separating and have been in a same-sex common law marriage since before 2015, contact one of our Divorce Matters attorneys today to help. We can help answer your questions about this groundbreaking ruling and how it may affect your case.


You can learn more about common-law marriage here.

Can A Change In Salary Modify Maintenance?

Either you or your former spouse recently had your salary change.  Now, one or both of you wants to modify your maintenance, or alimony, agreement.  What happens next?

Is our maintenance agreement modifiable?

The first question is whether your maintenance agreement may be modified.  Some divorce decrees or spousal agreements restrict the ability of the parties to later modify the maintenance award.  If your maintenance agreement is not modifiable, the change in salary will have no effect on your maintenance award.

If maintenance was determined by a court order, it is modifiable.  Generally, the court retains the ability to modify a spousal maintenance award. 

Will a change in salary affect my maintenance?

The short answer is “it depends.”  For maintenance to be modified, there must be a continuing and substantial change in circumstances that makes the current arrangement unfair.  A significant increase or decrease in either party’s salary could meet this criteria.

Whether there is a “continuing change” in circumstances is relatively easy to determine.  If you or your ex receive a raise or take a new, higher-paying job, that’s a “continuing change” ”“ your increased salary is expected to continue indefinitely.  On the other hand, don’t rush out to modify your maintenance agreement if one of you loses your job: job loss is considered temporary and won’t convince a court to immediately modify your agreement.  However, if you are still unemployed a few months later, despite a good faith search for a new job, your unemployment may be considered a continuing change.

Whether a change in salary is “substantial” enough to warrant maintenance modification is harder to define.  Colorado’s child support formulas define a substantial change as 10% or more.  However, there is no similar guidance when it comes to maintenance.   In modifying maintenance awards, the court will look at each party’s income and other financial circumstances and try to reach the most fair result.

In modifying maintenance, the court will look at both parties’ incomes and other financial circumstances and try to reach the most fair result.

How is a change in maintenance obtained?

If you believe you are entitled to a change in maintenance, you should request a modified maintenance order by from the court.  This is done by filing a Motion to Modify or Terminate Maintenance.  The court will review your motion, and may set a hearing to review it.   At a hearing, you and your attorney should be prepared to explain why the circumstances justify modifying your current maintenance.

If the court agrees to modify your maintenance, the modification will apply to any maintenance payments due since the Motion to Modify was filed.  It will not apply to payments due prior to filing, regardless of when the change in salary (or any other change in circumstances) took place.

If your salary or your ex’s salary has changed and you’re considering whether it should affect your maintenance, a good place to start is the Divorce Matters Calculator App.  Using our app to determine what your modified maintenance might be can help you determine if seeking maintenance modification is makes sense for you.

Divorce Financial Considerations for Stay-at-Home Moms

Stay-at-home moms who have spent many of their married years as mothers who maintain the household and head child-rearing while relying on the income of their spouses may be intimidated by the prospect of divorce. Indeed, not only is divorce an emotional process for anyone, but for a stay-at-home mom who has always been dependent on her partner, divorce can create many financial anxieties, too. While your financial situation should not prevent you from seeking a divorce if that is what you want and need, there are some important financial considerations for stay-at-home moms to think about before filing divorce paperwork. Here are some things that you should know–

You’ll Likely Receive Spousal Maintenance

One thing that can help to ease your financial woes is the fact that it is more likely than not that you will be eligible for an award of spousal maintenance (alimony). Spousal maintenance is designed to help a dependent partner in a marriage/divorce support themselves with funding from the financially independent party. In making a determination about spousal maintenance, a court will consider each party’s gross income, marital property, the financial resources of each party, tax consequences of an award, and whether or not an award is fair and equitable (CRS 14-10-114).

If You Get Custody, Your Spouse Will Have to Pay Child Support

If you still have minor children in the home, you may be worried about how you will support these children (and yourself) if you are to divorce from your spouse, especially if you’ve been out of the workforce for years. One thing that you should know is that if you are awarded primary custody of your children–which is more likely than not if you have been the primary caregiver up until this point–then your spouse will be required to pay child support. Both parents have a duty to support their children financially.

You’re Entitled to Equitable Distribution of Marital Property

Even if you didn’t actually earn the money that filled up bank accounts and bought the many assets in your marriage, such as vehicles, your family home, furniture, and the like, you’re still entitled to equitable distribution of any marital assets. This means that it is very unlikely that you will be left with nothing after the divorce, even if your spouse was the only breadwinner.

Other Things to Think About

Just because spousal maintenance, child support, and equitable distribution laws are in place, all of which help a stay-at-home parent support themselves after a divorce, this does not mean that there aren’t some things to plan for, financially speaking. These include:

  • Finding a place to live. Even if you are receiving spousal support and get a fair property division settlement, finding a place to live could still push your budget to the limit. Try to plan for a place to live before filing for divorce.
  • Getting a job. You’ll probably want to return to the workforce after your divorce, which might require acquiring new skills or education first.
  • Setting a budget. Your costs of living may be different post-divorce, and you may have less money to support those costs. Set a budget early on to know exactly how much you’ll need to get by comfortably.

Our Colorado Divorce Lawyers Can Help

One of the best ways to mitigate the negative impacts of a divorce is to consult with an experienced Colorado divorce lawyer as soon as you start thinking about leaving your spouse. At Divorce Matters, we have helped stay-at-home moms like you secure the best divorce settlements possible. Call us today to learn more.

What are Some Good Reasons to Reduce the Amount of Alimony I Pay?

When the court calculates your spousal maintenance order, it does so using all relevant factors about you and your spouse’s incomes, financial needs, and lifestyle at the time of your divorce. But as the years pass and your lives change after the original order is signed, your needs and financial realities can change dramatically. When this happens, you can modify your maintenance order by filing a motion to modify it with the court.

The court has the discretion to determine whether or not to grant the modification you request. If it determines you have a valid reason for seeking the modification, it will likely approve the request. Below are a few good reasons to pursue a modification. In some cases, you can even request that your order be terminated before completing its originally stated term.

You Lost Your Job

Staff reductions happen. Layoffs happen. Terminations happen for a wide variety of reasons. The point is, if you lose your job against your will, you can state this as a valid reason for seeking a modification to your alimony order. Similarly, having to accept a pay cut is a valid reason to cite for needing an alimony modification.

The key phrase here is “against your will.” Voluntarily quitting your job is not a valid reason for pursuing a change to your spousal maintenance order.

Your Former Spouse is Cohabitating

In Colorado, spousal maintenance automatically terminates when a recipient remarries. With this in mind, many recipients choose to cohabitate with a new partner instead of remarrying. If your spouse is living with a new partner, provide proof that they are living together in your motion for a modification to prove that he or she no longer needs the amount of support outlined in your agreement.

You Become Ill or Disabled

The reality of living in the United States is that when you get sick, your medical expenses can put you into severe debt. When you are facing substantial medical expenses or the inability to work due to an illness or disability, you can cite this as a reason for seeking a modification.

You Have Another Child

Raising children is expensive. The court understands this, and it also understands that people move on after their divorces and often, moving on means remarrying and having children with a new spouse. In your motion to modify your spousal maintenance order, stating that you have a new baby to support is a valid reason to reduce your financial obligation to your former partner. Typically, this only applies to your own children, not your new partner’s children who move into your home.

Work with an Experienced Denver Divorce Lawyer

To learn more about the process of modifying an existing spousal maintenance order, schedule your legal consultation with a member of our team of Colorado divorce lawyers at Divorce Matters. Our team is here to answer your questions and help you achieve your post-divorce goals.

How Taxes on Alimony Will Be Calculated Differently for Denver Residents in the New Year

If you filed for divorce recently in Denver, or if you are considering filing for divorce once the holidays are over, you may know that changes to federal tax law will impact how alimony or maintenance payments are taxed beginning in 2019. More specifically, the Tax Cuts and Jobs Act (TCJA), most of which took effect earlier, flipped the tax implications of alimony and maintenance payments, meaning that the party who used to pay taxes on maintenance no longer will be taxed, and vice versa.

We will say more about the TCJA implications for alimony and maintenance payments in 2019, and then we will explain how changes to Colorado alimony law are intended to offset the federal tax law changes.

Federal Tax Law Changes to Alimony and Maintenance Payments

An article in CNBC explained how the Tax Cuts and Jobs Act will eliminate the alimony tax deduction for payor spouses beginning on January 1, 2019. If you are currently in the process of getting divorced and could finalize the divorce before the New Year, then you will not be subject to the new system of taxation. However, all divorces finalized on January 1, 2019 and afterward will have to use the new model.

Under the federal tax law prior to the passing of the TCJA””the law that remains in effect until 2019–the payor spouse (the one making the payments) is permitted to deduct alimony payments from his or her income prior to paying federal income taxes. In other words, The spouse who pays alimony has not been paying taxes on the amount of income earned that goes toward alimony. Instead, the payee spouse (the one receiving the alimony payments) pays federal taxes on that money as if it were income.

The TCJA changes this. Starting on January 1, 2019, any divorces finalized in which alimony or maintenance is awarded will result in the payor spouse being taxed on alimony payments and the payee spouse being allowed to deduct the alimony payments. In other words, the alimony payments will be taxed as part of the payor spouse’s income instead of the payee spouse’s income. Since the payor spouse earns more money than the payee spouse, and higher incomes are taxed at higher rates, the new system means that the federal government will be able to collect more in income taxes for the alimony when it is taxed from the payor spouse’s income.

How Colorado Maintenance Law Has Changed in Response to the TCJA

Recognizing that the TCJA will affect Colorado residents, the Colorado legislature revised the state’s maintenance law. These changes aim to offset the TCJA shift in taxation.

Under Colorado law (C.R.S. § 14-10-114), a maintenance cap was instituted for couples whose divorces were finalized on August 8, 2018 and after. Then, largely in response to the TCJA changes that will take effect for divorces finalized in 2019 and afterward, the payee spouse (the one receiving the maintenance payments) will only receive 80 percent of the maintenance amount calculated if the parties; combined gross income totals $10,000 or less. If the combined gross income of the parties is between $10,000 and $20,000, then the payee spouse will receive 75 percent of the maintenance amount calculated under the cap formula.

The idea is that awarding only a percentage of the maintenance calculation to the payee spouse will offset the tax that the payor spouse will be responsible for paying.

Contact a Denver Alimony Lawyer

If you have questions about alimony or maintenance payments in Colorado, a Denver divorce lawyer can assist you. Contact Divorce Matters today to speak with an experienced advocate.

When Can I Stop Paying Alimony?

In many cases, upon divorce, one spouse may be ordered to pay alimony to the other for a set period of time. To be sure, alimony is given from one spouse to another in order to balance out things financially. Ultimately, the goal of alimony is to help the lower-earning spouse move forward after divorce in a similar position as before.

Alimony laws vary from state to state. In Colorado, neither spouse has the right to automatically receive alimony. It is something that must be requested and approved by the court. Under Colorado law Section 14-10-114, C.R.S., the court looks at many factors to determine if a person is eligible to receive alimony. These factors include financial resources, required education or training, the length of the marriage, the age and health of both spouses, the standard of living the spouses enjoyed during the marriage and the income of the spouse who would be required to pay alimony.

Those married for long periods of time are more likely to receive alimony than those married for just a few years. In fact, Colorado does have guidelines in place for marriages lasting three to 20 years. For example, for a marriage lasting three years, the amount is 31 percent of the gross income of the payor for a term of 11 months.

Alimony Lengths

There are two main types of alimony that a court can award: rehabilitative and permanent. Rehabilitative alimony is given to spouses who have the ability to work, but may require a few years of training or education. In these cases, alimony would not last forever. The judge may order alimony for a set period of time, such as three to five years. This would give the spouse enough time to get back on his or her feet following the divorce.

Permanent alimony is awarded in cases where one spouse is unable to work, due to a disability or advancing age. A judge may also award alimony after a long-term marriage (20 years or longer) when a spouse makes significantly less money than the other spouse. Permanent alimony may be awarded in a lump sum or monthly payments. Typically, it ends upon the death of either spouse, or when the recipient remarries. Again, though, the judge has the discretion to end the alimony payments at a certain date. If you wish to make adjustments to the alimony payments or eliminate them altogether, you must fill out the appropriate forms.

Reach Out to Our Englewood Alimony Lawyers for Help

Alimony amounts and durations vary widely, depending on the circumstances of both spouses. Some people pay alimony for a few years; others pay for the rest of their lives.

Alimony is used to balance out financial differences between the two spouses. If you think you may be entitled to receive alimony or want to know more about the process, contact the Englewood divorce lawyers at Divorce Matters. We can assess your case and look at all the factors involved. Schedule a consultation today. Contact us at (720) 408-6595.