In some divorces, one party has a much higher income and capability to bring in money than the other. This may involve one parent who forgoes a job outside the home to take care of the children and then has a hard time finding employment after divorce. That is what spousal maintenance is designed to fix. You may not have ever heard of spousal maintenance, but you’ve probably heard the term alimony before – it’s the same thing. But how do you get alimony from your divorce?

Not every divorcee qualifies for Colorado alimony, which can be temporary or “permanent” depending on the court’s opinion of both divorcees’ needs. We say “permanent” because only rarely is maintenance indefinite; it is seen largely as a way for the lower earner to get back on his or her feet after a divorce, although in some cases permanent alimony can be granted.

How Do You Get Alimony in Colorado?

For spousal maintenance or alimony, the court evaluates multiple factors to determine whether one spouse is entitled to financial support. If you are considering requesting spousal maintenance, here are the key criteria that courts will examine:

1. Length of the Marriage

The duration of the marriage plays a significant role in whether spousal support will be awarded. Generally, longer marriages increase the likelihood that maintenance will be granted. However, even in shorter marriages (three years or less), support may be awarded if there is a substantial financial disparity between spouses – but it is generally more difficult to receive Colorado alimony from a shorter marriage.

2. Financial Need and Income Disparity

The court will assess whether one spouse financially depends on the other. If there is a significant difference in income levels, the lower-earning spouse may qualify for maintenance to ensure they can maintain a similar standard of living post-divorce.

3. Earning Potential and Job Skills

How do you get alimony if you or your spouse has been out of the workforce for an extended period? If you or your spouse were out of work due to raising children or supporting the other spouse’s career, it will be harder to find a job that will support the family without the proper skills or experience needed to find immediate employment. The court will consider:

• The spouse’s education level
• Work history and employability
• Whether additional training or education is required to become self-sufficient

Also, if a spouse is intentionally under employed, experts like vocational counselors are used to determine the true “earning capacity” and will adjust alimony accordingly. There is also the possibility of a change in salary that can affect Colorado alimony amounts for both parties, which you can read more about here.

4. Parental Responsibilities

If one spouse has primary custody of young children, their ability to work full-time may be limited. Courts recognize that caregiving responsibilities can impact earning potential and may grant maintenance to help offset this financial burden.

5. Division of Marital Property

During the divorce, assets such as the family home, investments, and retirement accounts will be divided. If one spouse receives fewer assets or less liquid assets, they may be more likely to qualify for maintenance. The court will ensure that neither spouse is left in an unfair financial situation due to how property is distributed.

6. Standard of Living During the Marriage

Colorado courts aim to ensure that neither spouse experiences a drastic decline in their quality of life following a divorce. While an exact replication of the marital lifestyle may not always be possible, courts strive for fairness in maintaining financial stability.

7. Age and Health of Both Spouses

A spouse’s age and health can impact their ability to work. If a spouse has medical conditions or disabilities that limit employment opportunities, the court may award alimony to provide financial support.

8. Any Other Relevant Factors

The court has broad discretion in determining whether spousal maintenance is appropriate. Other factors, such as a spouse’s financial misconduct (like reckless spending or hiding assets) or agreements made between the spouses, can also influence the decision.

If you are asking yourself “how do you get alimony?” or believe you qualify for alimony, working with an experienced divorce attorney can help you build a strong case. Gathering financial documents, employment records, and evidence of contributions to the marriage will be key in securing a fair outcome.

How is Spousal Maintenance Calculated?

Colorado employs a specific formula for temporary maintenance for couples with a combined income of $75,000 or less. The formula is that the higher earner pays 40 percent of his or her monthly adjusted gross income minus 50 percent of the lower earner’s monthly adjusted gross income. Of course, the formula can be adjusted depending on the couple’s needs, the judge’s opinion and how property is being divided between the spouses.

For couples making more than $75,000, the judge can still award temporary maintenance to the lower earner, and regardless of individual income, the court can grant “permanent” maintenance depending on whether the lower earner is able to work or is receiving less marital property in the settlement.

As for how much spousal support the court is willing to grant, there are several things to consider. Awards of marital property, a couple’s standard of living, the health of the spouses and future earning capacity all factor into spousal support. Divorce Matters® offers a free alimony calculator app to help you get an idea of potential payments.

Modifying or Terminating Spousal Maintenance

Spousal maintenance is not always set in stone. In Colorado, either party can request a modification if there is a substantial and continuing change in financial circumstances. This could include:

• Job loss or a significant decrease in income for the paying spouse
• A substantial increase in the receiving spouse’s income
• Retirement of the paying spouse
• Remarriage or cohabitation of the receiving spouse
• Health issues that impact earning capacity

The court will review the new financial situation and determine whether the maintenance order should be adjusted. If no substantial change is proven, the existing order remains in place.

Additionally, unless otherwise agreed upon in the divorce decree, maintenance typically ends upon remarriage of the receiving spouse or the death of either spouse. Some agreements include a set duration for maintenance payments, while others may allow for ongoing support under specific conditions.

How Do You Get Alimony and Protect Your Financial Future?

Whether you are the spouse seeking maintenance or the one who may have to pay, it is crucial to understand your rights and obligations. A well-negotiated Colorado alimony agreement can provide the necessary financial support for a smoother transition post-divorce while ensuring fairness for both parties.

Steps to Take:

1. Gather Financial Documents – Pay stubs, tax returns, and records of shared expenses will help determine the need for maintenance.
2. Understand Your Long-Term Goals – Whether you need temporary support to regain financial stability or a more extended arrangement, knowing your financial outlook is key.
3. Consult an Experienced Divorce Attorney – A lawyer from Divorce Matters® can help you negotiate fair terms and ensure your rights are protected throughout the process.

Call an Experienced Alimony Lawyer

Understanding spousal maintenance can be complicated, and every case is unique. If you are facing a divorce and need guidance on alimony, working with an experienced alimony lawyer from Divorce Matters® can help you navigate the legal process and protect your financial future.

How do you get alimony in your divorce? The answer is with Divorce Matters®. Contact us today to discuss your case and explore your options.

Life is full of surprises ”“ sometimes bad ones. Financial surprises, such as an unexpected layoff, a medical emergency or a new career, in particular, can cause a great deal of upheaval in a person’s life, especially for someone recently divorced. If you are a divorcee who is dealing with alimony payments to your ex-spouse (we call it spousal maintenance in Colorado), you may run into dire straits that require modification to your payments.

In Colorado, the standard for maintenance modification is that there must be a “substantial and continuing change” in circumstances that make the current terms unfair. Temporary unemployment, for example, is something that would not meet the criteria for modification; it is substantial, but not continuing. Suffering a disability that directly leads to loss of income, though, would meet the criteria generally.

Modification can be made impossible, though, if at the time of divorce an agreement is made that the maintenance is contractual and non-modifiable, in which case modification may not be possible.  If your court order anticipated future modification of maintenance upon the happening of certain events, such as retirement, than you may be able to modify the current maintenance amount based upon the current financial circumstances of the parties.

Steps to Take to Modify Maintenance

• Collect relevant information. This could include tax returns, W-2s, paystubs and other things like medical bills. You will need these to complete a Sworn Financial Statement.
• Revisit your original divorce documents. This will help you ensure that modification is possible under the original decree.
• Seek legal help. You are going to need the services of an experienced family law attorney to help make your case for maintenance modification.

Contact an Alimony Attorney in Denver Today

Alimony can be a complicated aspect of divorce, but it doesn’t have to be. The experienced alimony attorneys at Divorce Matters have the necessary skills to ensure you either pay or get paid the proper amount of alimony. Contact us today to learn more.

When two people in Colorado get divorced, circumstances may create the need for one of the parties to receive maintenance (also known as spousal support or alimony). Perhaps one party lacks the property necessary to meet basic needs, or is unable to work to support his or herself. In these situations, the courts might look at a few factors, including the length of the marriage, the health of both parties and the allocation of marital property to determine if one spouse is entitled to spousal support.

But the process does not always end there. In some cases, the supporting spouse will refuse to pay spousal support. Nonpayment of spousal support can result in dire financial straits for the party owed, especially in cases where the party cannot support themselves due to poor health or the need to care for a child.

How to Prove My Spouse Is Not Paying Spousal Support

If you are going to seek legal action against a nonpaying spouse, you must first provide proof of nonpayment. In Colorado, the proof can come in the form of:

Ӣ A signed affidavit declaring, under penalty of perjury, that you have not received payment
Ӣ Records of nonpayment certified by a court clerk
Ӣ Family Support Registry (FSR) records of nonpayment

Divorce Matters ”“ Denver Family Law Attorneys

Many women are now the breadwinners of the household, and more men find themselves taking care of the house for the wife and kids. As an extreme example of disparity of wealth in relationships, diva extraordinaire Mariah Carey (net worth approximately $500 million) is divorcing husband Nick Cannon (worth a measly couple million.) She has a prenuptial agreement, but the confidentiality clause prevents us from pouring over the gossip rags to learn about her spousal support terms.

However, you don’t need a multi-million Las Vegas residency gig to be on the hook for alimony to your soon-to-be ex. The Bureau of Labor Statistics claims almost 40 percent of women now out-earn their husbands. But there are ramifications for women’s increased earning capacities in divorce.

What Do Colorado’s New Maintenance Laws Mean for Spouses?

Alimony in Colorado is called maintenance, and has historically been determined by a combination of factors such as education, job capabilities and whether you are a stay-at-home parent. However, judges in the cases had a lot of leeway””leading to different alimony amounts for similar situations throughout the state.

Last year, however, Colorado decided guidelines were necessary to reduce the differences in maintenance. The 2014 guidelines are gender-neutral and theoretically more consistent for both men and women””less surprises, less differences in courtrooms, and less uncertainty for divorcing couples. However, the 2014 guidelines are still discretionary.

So what does this mean for couples getting married? If you plan to be a stay-at-home dad or a much lower earner than your wife, or if you are a woman who is a career-oriented high earner, consider a prenuptial agreement. You can work out a mutually beneficial maintenance schedule or have it waived entirely. Many couples with prenuptial agreements simply put the document away and live happily ever after””it’s simply a safeguard for life’s unexpected trajectories.

(Oh and Mariah, call us before the next wedding!)

Divorce Matters ”“ Family Law Attorneys Serving Denver