Calculation of spousal maintenance (or alimony, as you may have heard it called) is based on a series of factors.
Maintenance will only be granted if the courts find that the spouse seeking it cannot provide for his or her reasonable needs and lacks sufficient property including property apportioned to him or her. Additionally, the spouse seeking maintenance must be unable to become self-supporting through employment or be the custodian of a child that prevents said spouse from seeking reasonable employment.
Once the court has decided that a spouse meets the above qualifications, they will make the following considerations in deciding the length and amount of spousal support to be granted:
- The spouse’s financial situation, including any assets obtained through the divorce settlement as well as any child support the spouse is receiving
- The spouse’s potential earning capacity, including time it would take for the spouse to receive the needed education and training to facilitate that earning capacity
- The spouse’s standard of living during the marriage
- How long the marriage lasted
- The spouse’s age, as well as his or her physical and emotional condition
- Whether the person paying for maintenance is able to afford the maintenance agreement
If you would like to see for yourself what your prospects are for spousal maintenance, you’re in luck ”“ there’s an app for that. You can find it by going to the App Store (if you’re on iOS) or on the Google Play store (if you’re on Android) and searching for Divorce Matters Colorado Spousal Maintenance and Child Support Calculator, or you can click the links on this page.