COLORADO DIVORCE MAINTENANCE LAWS
In Colorado, what is commonly called “alimony” or “spousal support” is called maintenance. The Colorado statute governing this explains that maintenance may be appropriate if a spouse needs support and the other spouse has the ability to pay.
When determining whether an individual qualifies for an award of maintenance, the Court applies the following three criteria in its determination:
(1) Each parties’ gross income’s;
(2) Marital property apportioned to each party;
(3) The financial resources of each party, including but not limited to the actual potential income from separate or marital property;
(4) Reasonable financial need as established during the marriage; and
(5) Whether maintenance would be deductible for federal income tax purposes by the payor and taxable income to the recipient. § 14-10-114(3), C.R.S.
Marriages of less than three years generally do not have maintenance awards. For marriages greater than three years, there is a sliding scale relative to the length of marriage that determines how long maintenance is given. For those marriages greater than 20 years, there is no set formula, rather it is within the discretion of the Court to determine a length of time where maintenance may be paid. It may also be awarded as a temporary award while the dissolution is in progress.
Maintenance is determined on a case-by-case basis and ends upon death, remarriage, changed circumstances relating to income, or as otherwise agreed. The parties may also agree to waive maintenance entirely.
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COLORADO DIVORCE MAINTENANCE COMPLEXITY
The law on Colorado divorce maintenance is somewhat complex. If you believe you are entitled to maintenance, be sure to review your needs with a competent family law attorney.
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