Boulder Spousal Maintenance Attorney
Establishing and modifying spousal support or maintenance can be challenging without the right legal representation. Our experienced Boulder spousal maintenance lawyers at Dolan + Zimmerman LLP can assist you in securing the support you need after a divorce and negotiate modifications when necessary. We offer a free initial consultation; message us online or call today.
Why Choose Our Boulder Spousal Maintenance Lawyer?
- We provide an individualized approach to resolve each case in a manner that best suits our clients’ needs.
- We remain in constant communication with our clients and make it a point to provide complete transparency.
- Our lawyers work together as a team to review cases from every angle and provide you with the best legal counsel.
Colorado Maintenance Laws
After a divorce, a spouse that relies more heavily on financial support from the other may be eligible for spousal maintenance. A family law judge awards maintenance in situations where it is deemed appropriate, as long as the requesting spouse can demonstrate a need for it and the other spouse can pay it.
Judges rely on the following formula to calculate maintenance and determine its length.
- The amount of maintenance is equal to 40% of the higher-income party’s monthly adjusted gross income, minus 50% of the lower-income party’s monthly adjusted gross income.Example: the higher-income party’s adjusted gross
income is $5,000 per month and the lower-income party’s
adjusted gross income is $3,000 per month. The court
will take 40% of $5,000, or $2,000, and subtract 50% of
$3,000 or $1,500, which means the alimony award is $500
per month ($2,000 minus $1,500).
- The length of spousal maintenance will depend on the length of the marriage. A table that demonstrates how the length is calculated can be found in C.R.S. § 14–10–114. A percentage is applied to the number of months of marriage. For instance, in a three-year marriage, 31% is multiplied by the number of months (36), which means the term of maintenance is 11 months. Unless there are special circumstances, Colorado couples are generally ineligible for spousal maintenance if they have been married for less than three years.
Any maintenance award is modifiable in Colorado, as long as the divorce decree does not state that it is contractual and non-modifiable. In reviewing a maintenance award to determine whether a modification is justified, the court will consider the parties’ economic circumstances and the reasonable expectations established during the marriage.
Factors the Boulder Court Considers in Deciding Spousal Support
As part of the divorce judgment, a court may order maintenance payments (formerly known as alimony) to either party for a limited or indefinite period of time. When making a decision, the court will consider several factors, including:
- Each party’s income and property, including each one’s share of the marital estate
- Length of the marriage
- Age and health of each party
- Present and future earning capacity of each party
- Need of the recipient spouse to obtain further education or training to become self-sufficient
- The recipient spouse’s ability to become self-sufficient and the time frame necessary
- The extent to which age or absence from the workforce disadvantages the recipient spouse
- Presence of children from the marriage in the household of either spouse
These and other factors are open to various interpretations.
Why You Need a Boulder Spousal Maintenance Lawyer
If you are a dependent spouse, you do not need to wait until your divorce is finalized to start receiving regular maintenance payments to help make ends meet. However, you must formally request maintenance from the court.
Establishing or modifying spousal maintenance can be a difficult process, especially without the advice of an attorney. Our innovative and effective Boulder spousal maintenance attorneys at Dolan + Zimmerman LLP can find a resolution for your unique financial situation. Call 303-593-1874 or send us a message online to schedule a free consultation today.