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Fort Collins Alimony Lawyer

In a Colorado divorce case, a court may enter an order regarding spousal maintenance, commonly known as alimony. The term refers to the financial support a judge may require one spouse to pay to another to achieve a balance between income and need. Disputes over alimony can be some of the most complicated proceedings in a divorce, both because the laws are complex and emotions run high.

The experienced attorneys at Divorce Matters® are dedicated to providing strong representation in alimony cases, whether you are the spouse requesting or paying spousal support. We are at your side in negotiating an agreement on alimony, but we have extensive experience taking the battle to court where necessary to protect your interests. Our legal team has served clients in Fort Collins, CO for more than 50 years, so you can trust us with your case.

Overview of Colorado Law on Spousal Maintenance

In general, a Larimer County divorce court may award alimony where appropriate to enable a lower earning party to enjoy the same relative lifestyle that he or she did during the marriage.

  • Types of Alimony: There are different types of spousal maintenance which may apply depending on the circumstances:
    • Support During Divorce: The divorce process takes time and resources, so a court may order one party to pay alimony while proceedings are pending.
    • Rehabilitative Support: Where necessary to help the lower earning party become self-sufficient through education or training, rehabilitative support is a source of funds.
    • Reimbursement Support: In some marriages, one spouse will pay for the other’s education and make other significant contributions to the household. This type of alimony is intended to compensate the spouse for costs and efforts expended while the other earned an education.
  • Factors in Calculating Support: Colorado law includes provisions on the determination of maintenance, so a court considers:
    • The length of the marriage;
    • Each party’s gross income;
    • The division of marital property pursuant to divorce proceedings;
    • Financial need as established during the marriage;
    • The financial resources of each party, including separate property, acquired before the marriage;
    • The age and health of the parties, as it pertains to employability; and,
    • Other factors as established by law.

Modifying and Terminating Alimony

It is possible to modify an order for spousal maintenance based upon a significant change in circumstances, such as loss of a job that impacts the payor’s ability to make alimony payments. By operation of law, the obligation to pay spousal support terminates upon the death of the recipient or payor, if the recipient remarries, or where the recipient engages in a cohabitation arrangement.

Trust an Experienced Fort Collins, CO Alimony Lawyer

If you are going through a divorce and need assistance on either side of the spousal maintenance issue, our alimony attorneys at Divorce Matters® can help. Please call us at 720.408.7469 to schedule a consultation to review your circumstances. You can also check us out online to learn more about our legal services in spousal support cases.

Commonly Asked Questions About Spousal Maintenance

Does my overtime pay count as income for alimony/maintenance purposes?

In general, voluntary overtime does not usually count as income. However, if the overtime is mandatory, it does. There are exceptions to this though, and a court could potentially view voluntary overtime as an “economic circumstance” and factor it into the calculation of spousal maintenance (“alimony”). This Is generally done if there is a consistent pattern of voluntary overtime. However, there is no black-and-white rule

Is alimony/maintenance tax deductible?

Spousal maintenance, also known as alimony, is no longer tax deductible as of December 31, 2018 due to the new federal tax law commonly known as the “Tax Cuts and Jobs Act”

Is alimony always awarded in a Denver divorce?

Alimony, which is referred to as “spousal maintenance” in Colorado, is not mandatory, nor is it exclusively awarded to the woman. Alimony can be sought by either party in a divorce. Schedule an appointment to discuss your unique situation.

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Why not start exploring your options? Call us at 720.542.6142 to schedule your consultation with one of our experienced Denver divorce attorneys today.

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