In Colorado, Alimony Rules Are Not Clear Cut
Alimony, which is called spousal maintenance in Colorado, would be a less contentious issue in divorce if there were a formula to determine when it should be paid and how those payments should be calculated. However, Colorado law does not provide a formula for maintenance at final orders as it does for child support. Note however that there is a formula applicable to some couples for maintenance while the case is proceeding.
There are a number of factors that judges will consider in determining whether you will be required to pay (or are entitled to receive) alimony or spousal maintenance. At the law firm of Buchholz, McDowell & Norman, our lawyers have more than 25 years of experience of helping families in the Denver-Boulder area reach a fair outcome when it comes to payment of spousal maintenance after divorce.
Will You Need a Lawyer's Help?
Since the rules are not clear cut, your lawyer's understanding of Colorado case law and how judges have ruled in the past are very important to protect your interests. Here are some of the maintenance issues that could trigger the need for an attorney's help:
- When maintenance is paid: In Colorado, maintenance is more commonly paid in longer-term marriages and ones in which the parties have significantly different earnings. Sometimes other factors such as disability, or responsibility for young children may give rise to maintenance as well. Your attorney can help with these issues.
- How are payments determined: Colorado judges will consider a number of issues such as the standard of living enjoyed during the marriage, the financial resources of the payer, and the financial needs of the person receiving it.
- How long maintenance continues: The age of the person receiving alimony may be an important factor in determining how long those payments should continue, as well as the length of the marriage, the health of each of the parties, and the recipient's anticipated earning ability.
- When payments end: Maintenance (Alimony) payments end if the person receiving it remarries. It may also end after a specific amount of time has passed, depending on the circumstances of the divorce.
- Your taxes: Maintenance (Alimony) is taxable to the person receiving it and tax-deductible to the person paying it.
- Modifications: Maintenance (Alimony) payments may or may not be modifiable after divorce, depending on how the agreement is drawn up.
Schedule a Free Attorney Consultation
To discuss alimony with a lawyer at Buchholz, McDowell & Norman, call 303-578-4215 or fill out the contact form on this site. We serve clients in the Denver-Boulder area.