Spousal Support

Colorado Law recognizes that the economic lives of spouses are frequently closely intertwined in marriage and that it is often impossible to later segregate the respective decisions and contributions of the spouses.

Particularly when one spouse sacrifices their career for the benefit of the marriage, it may be necessary for the Court to order the other spouse to provide financial support after the marriage has ended.   In Colorado it is frequently referred to as "maintenance" and in other states it is commonly known as "alimony." 

If the court finds that one spouse cannot provide for his or her reasonable needs through employment or the allocation of martial assets, the court may order the other spouse to pay monthly support payments for a period of time.  

There are several factors the court must consider in determining if maintenance is appropriate including:

1.  The financial resources of the recipient spouse
2. The financial resources of the payor spouse
3. The lifestyle during the marriage
4. The distribution of marital property
5. Both parties' income, employment, and employability, obtainable through reasonable diligence and additional training or education
6. Whether one party has historically earned higher or lower income than the income reflected at the time of permanent orders and the duration and consistency of income from overtime or secondary employment;
7. The duration of the marriage;
8. The amount of temporary maintenance and the number of months that temporary maintenance was paid to the recipient spouse;
9. The age and health of the parties, including consideration of significant health care needs or uninsured or unreimbursed health care expenses;
10. Significant economic or noneconomic contribution to the marriage or to the economic, educational, or occupational advancement of a party, including but not limited to completing an education or job training, payment by one spouse of the other spouse's separate debts, or enhancement of the other spouse's personal or real property;
11. Whether the circumstances of the parties at the time of permanent orders warrant the award of a nominal amount of maintenance in order to preserve a claim of maintenance in the future;
12. Whether the maintenance is deductible for federal income tax purposes by the payor and taxable income to the recipient, and any adjustments to the amount of maintenance to equitably allocate the tax burden between the parties; and
13. Any other factor that the court deems relevant.

As your family law attorneys, we can help you understand your rights and obligations when it comes to maintenance awards.   To speak directly to an attorney or schedule a free consultation with a family law attorney in our downtown Denver law office, please call 720-420-9068.