Going through a divorce can be difficult, and sometimes the financial arrangements, such as spousal maintenance (also known as alimony), need to be adjusted after the divorce is final. Changes in income, job status, health, or family needs can all impact whether spousal maintenance should be increased, decreased, or ended altogether. Understanding how and when to seek a modification can help you navigate this process with confidence.
If you are facing a significant change in your financial situation, it is important to address your spousal maintenance order promptly. Taking action now can help prevent future complications. Contact our team at (720) 744-3513 or through our online contact form to learn about your options.
The "Substantial and Continuing" Change Standard
The first and most important thing to understand about modifying spousal maintenance in Colorado is the legal standard you must meet. A court will not change an existing order unless there has been a "substantial and continuing change" in circumstances. This is the key phrase that determines whether your request for a modification will be considered.
So, what does this phrase mean? A "substantial" change means the change must be significant enough to warrant a modification. A minor fluctuation in income or a temporary change in a work schedule is generally not considered substantial. A "continuing" change means the change is not a temporary or short-term event. It must be something that has lasted for a period of time and is expected to continue for the foreseeable future.
What Qualifies as a Substantial Change?
Several types of life events could potentially be considered a substantial and continuing change in circumstances. However, it's important to remember that each case is unique, and the court will evaluate all factors. Here are some examples of situations that may qualify:
- Involuntary Job Loss or Reduction in Income: If the paying party loses their job due to a layoff, a company closure, or a change in the economy, and the unemployment is expected to be long-term, this could be a qualifying event. Similarly, if the paying party experiences a significant and involuntary reduction in their income, they may be able to request a modification.
- Significant Increase in the Receiving Party's Income: If the receiving party's financial situation has improved significantly—for example, they have received a major promotion, a new job, or an inheritance—it may be possible to modify the spousal maintenance payments.
- Disability or Serious Illness: A serious illness or disability that prevents either party from working or earning the same income level could be considered a substantial change. The court would review medical documentation and the long-term prognosis.
- Retirement: When the paying party reaches a traditional retirement age and can no longer work, this may be considered a substantial change in circumstances. The court will evaluate if the retirement was done in good faith and not to avoid paying spousal maintenance.
It is important to note that a voluntary reduction in income, such as quitting a job or taking a lower-paying one without a valid reason, is generally not considered a substantial change. The court will carefully scrutinize the reasons behind any financial change.
The Modification Process in Colorado
If you believe you have a substantial and continuing change in circumstances, you will need to follow a legal process to request a modification. It is not as simple as stopping payments or starting to pay a different amount. A court must formally approve any changes. The modification process generally involves these steps:
- File a Motion to Modify: You must file a legal document with the court, known as a "Motion to Modify." This document outlines the reasons for your request and the specific changes you are seeking.
- Serve the Other Party: The other party must be formally served with the legal papers so they are aware of the request.
- Financial Disclosures: Both parties will be required to provide updated financial information, including tax returns, pay stubs, and financial statements. The court will use this information to determine the current financial standing of both individuals.
- Mediation or Negotiation: In many cases, the court will require or encourage the parties to try to reach an agreement through mediation or negotiation. This can often be a faster and less expensive way to resolve the matter.
- Court Hearing: If an agreement cannot be reached, a judge will hold a hearing to review the evidence and decide whether to modify the spousal maintenance order. The judge will consider all the evidence presented by both sides.
The Role of an Attorney in the Modification Process
The process of modifying spousal maintenance can be complex and requires a detailed understanding of Colorado family law. An experienced attorney can be an invaluable asset. They can help you with a variety of tasks, including:
- Evaluating Your Case: An attorney can review your situation and determine if you meet the "substantial and continuing change" standard. They can provide an honest assessment of your chances for a successful modification.
- Filing the Correct Paperwork: The legal forms and documents required for a modification must be filled out correctly. An attorney can ensure all the paperwork is accurate and filed on time.
- Negotiating with the Other Party: Your attorney can communicate and negotiate with the other party or their counsel on your behalf, helping to facilitate a resolution without needing a court hearing.
- Court Representation: If a hearing is necessary, an attorney will represent you in court, presenting your case with evidence and legal arguments.
For more information on spousal maintenance and how it works in Colorado, you can visit our spousal maintenance page. Having a dedicated professional on your side can provide the security and guidance you need to navigate this process effectively.
Securing Your Financial Stability with Legal Support
Whether you are paying or receiving spousal maintenance, a significant change in your life circumstances can have a major impact on your financial stability. The legal system provides a clear path for seeking a modification, but it requires meeting specific criteria and following a precise process. By understanding the "substantial and continuing" change standard and seeking knowledgeable legal guidance, you can make informed decisions to secure your financial future.
If your financial situation has changed, you don't have to navigate the spousal maintenance modification process alone. Our team at Johnson Law Group offers the support and guidance you need to understand your rights and options. We are committed to helping you pursue a fair resolution that reflects your current reality.
To discuss your case and learn how we can assist you, don't hesitate to get in touch with our team. You can reach us by calling (720) 744-3513 or by filling out our online contact form to schedule a consultation.
