Commerce City Spousal Maintenance Attorney

Overview of Colorado’s Spousal Maintenance Laws

Colorado’s spousal maintenance laws aim to provide equitable financial support when one spouse requires assistance during or after a divorce. This is not uncommon when one spouse was financially dependent on the other during their relationship, and alimony seeks to rectify this imbalance.

Eligibility to receive spousal maintenance typically depends on factors such as the length of the marriage, the income disparity between the spouses, and the needs of the requesting spouse compared to the other spouse’s ability to pay. While spousal maintenance is not awarded in every divorce, it is a relatively common consideration in cases where there is a significant economic imbalance between the parties, ensuring that the lower-earning spouse can transition to financial independence.

Types of Alimony

Generally, there are two types of alimony: temporary and permanent. The vast majority of alimony awards are temporary, lasting for a per-determined amount of time or until another condition is met, such as the receiving spouse getting re-married. Temporary alimony can vary, and likewise spouses can negotiate and agree on the terms of temporary support as a part of their divorce settlement.

Permanent alimony has no prescribed end date, but it can still end due to changing circumstances, such as remarriage. Permanent alimony can also be changed or adjusted based on things like changing employment, loss of income, or disability.

Finally, non-modifiable alimony, as its name implies, is set in stone and cannot be adjusted. However, it can be either permanent or temporary, and the terms can vary widely. Courts themselves do not award non-modifiable alimony, but both parties can agree to it. When they do, the matter cannot be brought before the court and adjusted again later, so both parties should consider this strongly during negotiations. However, this is a useful tool for allowing both parties to protect themselves by formulating a rigid structure around this support mechanism.

Factors Affecting the Duration of Alimony

In addition to the factors we have discussed, such as the length of the marriage, both parties' individual earning potential, and the standard of living during the marriage, there are some other factors that can influence how long alimony lasts. Here are just a few of them:

• Efforts towards financial independence: If the receiving spouse is actively working toward independence, such as pursuing education or career training, the duration of alimony could be extended or adjusted accordingly. 
• Sudden increase in wealth or assets: If the receiving spouse were to experience a sudden increase in wealth or assets, the paying spouse may be able to petition the court to have spousal maintenance modified or eliminated entirely. For example, receiving an inheritance, winning the lottery, or receiving a large commission from their employment.
• Presence of a pre-nuptial or post-nuptial agreement: Any agreements made before or during the marriage regarding alimony can significantly impact its duration.

Alimony in High-Asset Divorces

High-asset divorces often involve more complex considerations for determining spousal maintenance, as substantial incomes and assets are at stake. Because these cases often involve a very high standard of living and wealth as well as earnings potential that comes from many different sources like investments, held valuables, and intellectual property rights, determining equitable distribution and any spousal support obligations can be considerably complicated. For this reason, we strongly recommend reviewing your case with an attorney who has the experience and acumen to handle the complexities and intricate details of a case like this, and one who can do so with the sensitivity and professionalism that it deserves.

Alimony for Spouses with Low or No Income

Conversely, cases where both spouses have few to no assets and little to no regular income may also be subject to alimony or spousal support obligations. Much the same way as with other cases, courts will still take their usual factors into consideration. However, because the court retains the right to make discretionary adjustments, it can still award alimony either on a temporary or permanent basis. 

The attorneys at Johnson Law Group have years of experience handling spousal maintenance cases for a wide range of clients. We understand the complexities involved when determining spousal support obligations and work to help our clients achieve favorable outcomes. 

Alimony for Short Marriages

While alimony awards are less likely in shorter marriages, they are still possible. Under Colorado law, the "magic number" for alimony awards is three years. Marriages that exceed this length may require spousal maintenance. However, §14-10-114(3)(h) of the Colorado Revised Statutes states:

"The court may award maintenance in short-term marriages, including marriages of less than three years in duration, when, given the circumstances of the parties, the distribution of marital property is insufficient to achieve an equitable result."

In other words, if property distribution were to make it impossible to achieve an equitable divorce agreement, the courts have the discretion to award alimony to the lesser-earning spouse. While these cases are rare, they do happen and they are a bit more likely when it comes to older spouses divorcing after a short-term marriage. While the shorter marriage may result in more limited support, temporary or rehabilitative maintenance can still be awarded if the situation warrants it.

Alimony & Remarriage

It isn't uncommon for spouses to marry again after their divorce has been finalized, but doing so can significantly impact alimony awards and obligations. It is not uncommon for the terms of a spousal maintenance award to automatically terminate the paying spouse's obligations once the receiving spouse remarries. This is because the remarriage is presumed to establish a new financial partnership, potentially reducing or eliminating the need for continued support from the former spouse. Likewise, even if they were to divorce again, the previously paying spouse would likely not be obligated to resume alimony payments (which is different from child support payments).

Conversely, when a paying spouse remarries, it generally does not directly impact their obligation to continue paying alimony to their ex. Because the obligation to pay spousal support is typically based on the financial circumstances of the original divorce agreement, the paying spouse retains their obligation if the receiving spouse is still unable to maintain their quality of life on their own. However, the new marriage could indirectly influence the situation if it alters the paying spouse’s financial condition. For instance, if the new spouse brings substantial additional income to their relationship, the paying spouse's obligation may increase due to their increased income. Likewise, additional financial responsibilities, such as the need to support stepchildren, can also decrease the paying spouse's ability to pay alimony, which could result in the need for a modification.