During a divorce case, one spouse may be at a financial disadvantage that may cause them to struggle to cover their expenses and meet their ongoing needs. A person may be a stay-at-home parent who does not earn an income or only works part-time, or a family may rely primarily on the income earned by the spouse who has a higher salary. In these situations, spousal support may be appropriate, and payments made by one spouse to the other will ensure that the recipient can pay their ongoing expenses, maintain the lifestyle of the marriage, and begin taking steps to become self-supporting.

At Pesch Law Office PC, we provide legal representation to divorcing spouses, helping them understand their rights and working to reach agreements that will allow them to move forward with their lives successfully. We believe in resolving divorce issues amicably whenever possible, but we can also assist with high conflict divorce cases and disputes that need to be resolved through divorce litigation. During the divorce process, Attorney Susan Pesch will work closely with you to address your concerns and make sure you can achieve your goals.

Spousal Maintenance in Colorado

While financial support paid by one spouse to the other is commonly referred to as alimony or spousal support, it is known as spousal maintenance under Colorado law. Typically, maintenance will only be ordered if a couple has been married for at least three years and if one spouse needs support to be able to meet their ongoing needs and the other spouse has the ability to pay support. Factors that may determine whether spousal support should be awarded include each spouse's income, the marital property they will receive in the divorce, their financial resources, the length of the marriage, and their reasonable financial needs to maintain the standard of living established during their marriage.

If spousal maintenance is appropriate, Colorado law includes statutory guidelines for how the amount of spousal support payments should be calculated and the duration that these payments will last. Maintenance is determined by a statutory formula (taking 40% of the payor's gross monthly income and subtracting 50% of the recipient's gross monthly income). However, the recipient's income plus the amount of maintenance they receive cannot exceed 40% of the parties' combined gross monthly income. The formula calculates these percentages automatically. The duration of the support payments will be determined using a percentage of the number of months the couple was married (ie: 16 years of marriage may equate to 8 years of support obligation). For marriages of at least 20 years, maintenance may be paid without an end date.

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Some additional factors may be considered when determining an appropriate amount and duration for maintenance payments. These include:

The financial resources available to each spouse, including income currently being earned or that could potentially be earned from marital property or separate property.
The income and employability of each party, including any reduction in the income-earning ability for a parent who will be caring for a minor child.
Whether the recipient of support has the ability to fully or partially meet their own needs independently of their spouse.
Whether the payor of support will be able to meet their own reasonable needs while paying maintenance.
The lifestyle the parties enjoyed while married.
Decisions about the division of marital property, including whether awarding additional property to one spouse would reduce or eliminate the need for maintenance.
The spouses' age and health, including considerations related to health care needs and related expenses.
The spouses' economic and non-economic contributions to their marriage, including contributions by one spouse to the other's education or occupational advancement.
Any other relevant factors.

Contact a Denver Spousal Maintenance Attorney

Spousal support can sometimes be a tricky subject to address during divorce. To ensure that you make the right decisions in these matters, you will want to work with an experienced attorney. Pesch Law Office PC can advise you of your rights and legal options, and we will help you negotiate a divorce settlement that will meet your ongoing needs. Contact us and schedule a consultation today by calling. We assist with spousal support and other divorce-related issues in Denver and the surrounding metro area, including Boulder County, Broomfield County, Arapahoe County, Douglas County, Weld County, Columbine, Highlands Ranch, Boulder, Littleton, Denver, Jefferson County, and Golden.