Divorce Alimony in Colorado

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Divorce Alimony in Colorado is known as 'maintenance'. A Colorado attorney can order either one of the partners in a marriage for paying the other alimony or maintenance or spousal support at the time of the divorce proceedings. At times, it is called as "pendente lite" maintenance, as well as either long term or short term maintenance after a divorce process is complete. Although a spouse is in need of maintenance, this spouse does not have an automatic right over it. The divorce court decides this issue after careful consideration of the points stated in C.R.S. 14-10-114.

Maintenance payments or alimony or spousal support are generally for a certain duration of time, that is to say, either for a biweekly duration, a monthly duration of time or for a periodic duration of time. Even though, Colorado makes use of the concept of “permanent” alimony or maintenance or spousal support for the same period beyond the actual date of dissolution, it has become rarer with each passing day and even if in case they are given, it is for a certain duration of time. In fact, the concept of permanent alimony or maintenance or spousal support is decreasing with each passing day. In fact, the duration of alimony or maintenance or spousal support depends on the duration of being married. That is, the longer the duration of being married, the greater are the chances of being given alimony or maintenance or spousal support. But despite being married for a longer duration of time, Colorado courts or attorneys may still not allow alimony or maintenance or spousal support to be accepted or given for a longer duration of time. That is because of the fact that, Colorado courts look at alimony or maintenance or spousal support as a form of rehabilitation or temporary assistance, that is to say, it has to be accepted or given till such time as the individual getting assistance does not come across a suitable employment opportunity or a job or gets education and training for improving prospects of getting a job or any employment. In fact, permanent or true alimony or maintenance or spousal support is given only in cases of partners or spouses with quite less chances of employment due to either their advanced age or failing health. However, a couple or the partners or spouses can always agree among themselves for one of them to give or pay the other partner or spouse long term or permanent alimony or maintenance or spousal support.

The general standard is that a spouse is more likely to get alimony if the duration of marital life is more. However, this state has not set a direct link between the alimony to be granted and the number of years of marriage. It has been observed that if a couple has been married for 2 years, alimony might be denied. On the contrary, if a couple has been married for 20 years, one of the spouses might be given lifetime supports.

Factors under consideration for Divorce Alimony in Colorado

The divorce law in this state has defined the following factors to be thought over while deciding alimony.

• The age as well as the emotional and physical condition of the partner requesting maintenance.
• The capacity of the partner, who is being demanded alimony from, to fulfill self requirements as well as those of the partner requesting maintenance.
• The financial sources of the partner seeking alimony, inclusive of the following:
  • The capacity of this partner to fulfill his or her own requirements independently
  • Whether this partner gets child support to raise a child in his/her custody
• The future earning ability of this partner and number of years essential for the partner requesting alimony to attain enough education and training to be suitably employed.
• The number of years the marriage has lasted.
• The standard of living that was enjoyed in their marital life.

Temporary Maintenance in Divorce Alimony in Colorado

On July 1, 2001, the Legislature in this state passed a bill pertaining to the maintenance rules in case of a divorce. However, this defines the payment of temporary maintenance. The duration of the marriage is not considered while allocating temporary maintenance.

Let us consider that the combined gross annual income of the couple is less than 75,000 USD. In such cases, the judge awards maintenance using the following formula.

Amount of maintenance = (40 percent of the gross monthly income of the higher income earner) - (50 percent of the gross monthly income of the lower income earner)

As an illustration, let us assume that the husband earns 4,000 USD per month and the wife earns 1500 USD per month. Thus, till the permanent orders are issued, the temporary maintenance would be (40 percent of 4000) minus (50 percent of 1500) i.e., 850 USD per month.

Let us consider that the combined gross annual income of the couple is more than 75,000 USD. In such cases, there is no fixed formula for temporary divorce support in Colorado. It is up to the judge whether to use or discount the above formula. The judge may consider the various points mentioned in the previous section.

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