Spousal Support, Maintenance & Alimony
Bond Family Law is a boutique Boulder firm that focuses solely on divorce and domestic issues. We know that you have questions about how your divorce will impact your life and your family, and we provide you with practical but empathetic answers. We advise you on whether you are entitled to spousal support or alimony and advocate for you to receive what you deserve. If you are the higher-earning spouse, we produce compelling arguments to reduce or eliminate maintenance or minimize payments to an amount that is fair to you.
Maintenance, formerly known as alimony or spousal support is not guaranteed in Colorado. The court has discretion about whether to order maintenance and how much.
First, the court considers the length of a marriage and need. The longer you were married the more likely the judge is to order maintenance in your case. Usually, maintenance is ordered for a finite period of time. A judge may order indefinite maintenance if you were married for 20 years or more.
Next, the court considers current income and the amount each spouse can earn in the future. If both spouses make relatively the same income, generally neither spouse will receive maintenance. A judge is more likely to order maintenance or alimony in a divorce involving a lengthy marriage in which one spouse is the primary income-earner and the other is unable to earn the same standard of living because of age, illness or lack of marketable skills.
Because family law is all we do, our attorneys have experience with how judges rule in numerous circumstances. We rely upon this experience to negotiate for equitable maintenance during mediation and litigation.
Temporary Spousal Maintenance
The court may order temporary spousal maintenance for the duration of the court proceedings. If ordered, the payments usually last until the divorce is finalized. Temporary spousal maintenance is intended to support the lower-earning spouse during the divorce case until she or he can secure employment or obtain the skills necessary to secure a job.
Colorado law has a recommended formula for determining spousal support. Our attorneys can anticipate what the court is likely to order, based upon our more than 17 years of combined family law practice.
Modification of Maintenance
Things change. Your financial circumstances may have declined because of a job loss or a disability. Conversely, your ex-spouse may now earn substantially more income than when you divorced. In certain circumstances you can seek modification of maintenance upon a showing of substantial and continuing change that renders your current payments unfair. After reviewing the evidence, the judge may order a reduction in or discontinuation of maintenance.
However, you are responsible for paying maintenance until the court orders otherwise. Even if you and your ex-spouse agree on a reduced amount, you must still obtain an order from the court. Our attorneys analyze whether you meet the criteria for a modification under Colorado law.
Consult With a Knowledgeable Colorado Divorce Attorney About Your Maintenance Rights and Obligations
Bond Family Law offers you candid, helpful advice about spousal maintenance. Schedule a free 30-minute consultation with our divorce attorneys at 303-443-0079 to learn more about your right to receive or obligation to pay support during and after your divorce.