Colorado
Maintenance/Alimony FAQ
Will I be paying
or receiving maintenance and how is the amount determined?
It often depends on the discrepancies in income between
husband and wife. Initially, judges will often formulate
a Temporary Order before permanent spousal support can
be decided. As far as the Permanent Order goes, the
judge will take a number of things into account,
including: how long you were married, what the standard
of living was during the marriage, and the financial
state of both parties—including income potential. For
instance, if a wife has spent the majority of her
15-year marriage outside of the workforce, managing the
home, her income (not to mention income potential were
she to seek a job) is likely far below her husband's.
The actual law states:
The maintenance order shall
be in such amounts and for such periods of time as the
court deems just, without regard to marital misconduct,
and after considering all relevant factors including:
-
The financial resources
of the party seeking maintenance, including marital
property apportioned to him, and his ability to meet
his needs independently, including the extent to
which a provision for support of a child living with
the party includes a sum for that party as
custodian;
-
The time necessary to
acquire sufficient education or training to enable
the party seeking maintenance to find appropriate
employment and that party's future earning capacity;
-
The standard of living
established during the marriage;
-
The duration of the
marriage;
-
The age and the physical
and emotional condition of the spouse seeking
maintenance; and
-
The ability of the
spouse from whom maintenance is sought to meet his
needs while meeting those of the spouse seeking
maintenance.
(C.R.S. 14-10-114)
The Court will keep this in
mind when determining how much maintenance will be
compulsory, and your attorney will represent your
interests in persuading the Court as to what is fair for
you.
Review additional Colorado
maintenance and alimony information by using the links in the upper left
or
Ask our Colorado divorce lawyers a legal question
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