Spousal support, also known as maintenance, refers to payments one spouse makes to the other after a divorce. It can be a much-needed source of financial stability during a period of change.
Colorado courts consider several factors when deciding whether to award spousal support and determining the amount and duration. These guidelines help ensure fairness while addressing the financial needs of both spouses.
Factors influencing spousal support
Colorado law outlines specific criteria to evaluate spousal support. Courts first examine the financial situations of both spouses. This entails looking at income, property and any child support payments. If one spouse lacks sufficient resources to meet basic needs or maintain a comparable standard of living, the court may award maintenance.
Next, courts consider the earning capacity of both parties. Education, skills and work experience can all contribute to this ability in the eyes of the court. If one spouse requires additional education or training to secure employment, this may impact the support amount and duration.
Finally, the court evaluates the standard of living established during the marriage. The goal is to ensure that both spouses can maintain a similar quality of life after the divorce, to the extent possible. The length of the marriage is also a factor. In general, longer marriages are more likely to result in spousal support awards, as they often involve greater financial interdependence.
Temporary versus long-term maintenance
Colorado courts often grant temporary maintenance during the divorce process to help the lower-earning spouse manage immediate expenses. This support may last until the final divorce decree.
For long-term maintenance, Colorado uses a guideline formula for marriages lasting three years or longer. The formula calculates a percentage of the higher-earning spouse’s income while factoring in the lower-earning spouse’s income. However, judges have the discretion to deviate from the guideline if circumstances call for adjustments.
Modifying spousal support orders
Circumstances may change after the initial spousal support order. A significant change in income, employment or financial needs could lead to a modification request. The court reviews these changes to determine whether adjustments to the support order are appropriate.
Understanding how Colorado courts award spousal support can help you navigate this aspect of divorce with confidence. Colorado’s approach seeks to balance fairness and practicality, ensuring that you and your spouse can both can move forward successfully.