Spousal maintenance, commonly referred to as alimony, is a crucial element in divorce cases where one spouse requires financial assistance to maintain their standard of living after the marriage has ended. In Colorado, spousal maintenance is calculated and determined based on various factors, including the financial situation of both spouses, their earning potential, the duration of the marriage, and other relevant circumstances. If you are wondering, “How much alimony will I get?” these factors will play a significant role in the determination – and Divorce Matters® is here to help.
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 which prevents said spouse from seeking reasonable employment.
Determining Eligibility
Once the court has decided that a spouse meets the proper 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 the 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 can afford the maintenance agreement
If you are asking yourself, “How much alimony will I get?” the answer will depend on these factors and how they apply to your unique situation. Let’s dive a little deeper to help you understand Colorado alimony a little better.
Types of Alimony in Colorado
There are two primary types of spousal maintenance in Colorado: statutory and contractual.
- Statutory Maintenance: This type of alimony is determined by the court based on the factors outlined in Colorado’s spousal maintenance statute. The court considers the financial resources of each spouse, their earning potential, and the duration of the marriage, among other factors.
- Contractual Maintenance: This type of alimony is agreed upon by both spouses outside of the court system. Contractual maintenance can be part of a marital settlement agreement, where the spouses negotiate the terms of support, including the amount, duration, and any conditions for modification. Contractual maintenance offers more flexibility and control for the spouses but is still subject to court approval to ensure fairness and compliance with Colorado law.
There are some cases where if your circumstances change, you could potentially modify your alimony agreement if there are significant and ongoing changes in circumstances. Common reasons include changes in income, financial obligations, remarriage or cohabitation, and retirement. To modify alimony, the requesting spouse must file a motion with the court, providing evidence of the change. This is allowed under statutory maintenance.
Potential Duration of Alimony
The duration of spousal maintenance in Colorado depends on the specific circumstances of each case. In general, the length of support is based on the length of the marriage, with longer marriages typically resulting in longer maintenance durations. It is also important to note – especially for the paying spouse – that alimony payments cannot be eliminated or erased through bankruptcy. Colorado law outlines advisory guidelines for maintenance duration based on the number of years the couple has been married:
- Marriages lasting 3 years or less: 31% of the length of the marriage
- Marriages lasting between 3 and 6 years: 46% of the length of the marriage
- Marriages lasting between 6 and 12 years: 64% of the length of the marriage
- Marriages lasting between 12 and 20 years: 75% of the length of the marriage
- Marriages lasting over 20 years: The court has discretion to determine the duration on a case-by-case basis.
These guidelines are not binding, and the court may deviate from them based on the unique circumstances of each case. If you are still wondering, “How much alimony will I get?” consulting with an experienced attorney can help provide a clearer estimate based on your situation.
How Divorce Matters® Can Help with Alimony
Navigating the complexities of spousal maintenance can be challenging, especially when emotions are running high during a divorce. A knowledgeable and experienced family law attorney from Divorce Matters® can provide invaluable guidance and support throughout the process. Our experts can help you:
- Understand your rights and obligations regarding spousal maintenance
- Negotiate a fair and reasonable maintenance agreement
- Ensure compliance with Colorado’s spousal maintenance laws
- Advocate for your interests in court if a dispute arises
If you’re searching for answers to “How much alimony will I get?” Divorce Matters® can help. Not only do we have the experience you need, but we also have an app for it! This free app provides a simple and portable method for quickly estimating how much you might be expected to pay for spousal maintenance and child support in Colorado. By using this app and consulting with our experienced attorneys, you can approach your divorce with confidence and clarity. 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.
Understanding the ins and outs of spousal maintenance is essential for anyone going through a divorce in Colorado. With the guidance of a skilled attorney from Divorce Matters® and the convenience of our spousal maintenance calculator app, you can navigate this challenging process with greater ease and peace of mind. For help with alimony, contact the experts at Divorce Matters® today.