At Curtis Law Firm, our attorneys understand the important role alimony can play in your divorce. With more than 10 years of legal experience, our team advocates for your spousal rights whether you plan to request spousal support or expect to have to pay it.
In Colorado, the law refers to alimony as spousal maintenance. Its goal is to address financial gaps between spouses to ensure they can both adjust to their post-divorce life safely. Judges do not grant alimony based on a party’s fault during the marriage. Instead, they base their decision on each spouse’s specific financial situation.
Contact Curtis Law Firm today at (720) 408-7726 to schedule a consultation to discuss your spousal rights and alimony in Denver!
Stacy was wonderful very helpful and informative. She made the whole process easy and smooth.Shirley S.
Types of Alimony in Colorado
The two main types of spousal maintenance Colorado courts can award are temporary and rehabilitative alimony. Temporary spousal support or “pendente lite support” occurs during the divorce process and ends once you are officially divorced.
A judge awards rehabilitative spousal maintenance after issuing their final ruling. Rehabilitative alimony is the most common and can help the lower-earning spouse to re-enter the workforce to become financially independent in a specific timeframe. While rehabilitative spousal maintenance is part of the Permanent Final Orders or Agreement, it does not necessarily require payments for the rest of your life.
Permanent support is extremely rare in Colorado, and a judge usually only grants such alimony when a spouse cannot support themselves due to old age, health conditions, or disability.
Colorado judges can sometimes grant reimbursement support if one spouse paid for the other’s tuition fees or professional training while married.
What Factors Does a Judge Consider for Alimony?
The first step for a judge to evaluate the possibility of spousal maintenance is that one spouse requests it. A court can only award alimony after the distribution of all marital estate.
Common factors a judge considers when assessing alimony eligibility include:
- Gross income and other financial resources
- Lifestyle during the marriage and ability to maintain it after the divorce
- Duration of the marriage
- Employability of the spouse seeking spousal maintenance, including necessary education or training
- Age and health of both spouses
- Child custody
There is no single factor that automatically determines whether a judge awards alimony. Every evaluation is on a case-by-case basis.
How Does the Court Calculate Spousal Maintenance in Colorado?
A judge can calculate temporary alimony based on two methods, including presumptive alimony when the parties’ combined income is $75,000 or less. The payments typically amount to 40% of the higher-earning spouse’s income minus 50% of the lower-earning spouse’s income.
For rehabilitative or permanent alimony, Colorado statutory law provides guidelines to make the calculation simpler. In the rare case of reimbursement support, it depends on the specific amount the petitioning spouse seeks.
How Long Does Rehabilitative Spousal Support Last?
In Colorado, courts can award alimony as a monthly payment or as a lump sum. Statutory guidelines apply to marriages that spanned three to 20 years. For marriages that lasted longer than 20 years, the court can use the statutory guidelines or grant lifelong alimony.
The duration of spousal maintenance usually depends on:
- The length of the marriage
- The receiving spouse’s age, health, or disability
- The time needed for the lower-income spouse to find adequate employment
No matter what your situation is, working with an experienced family law attorney can help protect your rights and assets throughout the divorce process, including when it comes to alimony. At Curtis Law Firm, we advocate for your spousal rights and are committed to supporting you in these challenging times.
Are you looking for a trusted divorce lawyer in Denver to discuss alimony? Call Curtis Law Firm today at (720) 408-7726 or fill out our online form to schedule an appointment. Flat rates and unbundled services available.
Alimony negotiations can be complex whether you anticipate being the paying spouse or the receiving spouse. At Curtis Law Firm, we can help you understand the four types of alimony in Colorado and whether you or your partner are eligible for a certain type. We can also help you estimate the amount of payment you can expect to provide or receive based on your circumstances.
Don’t let the alimony negotiations come as a surprise in your divorce proceeding; let Curtis Law Firm help clarify the process for you. Call us at (720) 408-7726 or reach out to us online to learn more.
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