Do You Qualify for Temporary Spousal Support in Colorado?

When you are trying to find your way through a divorce, finances are usually one of the top concerns. Spousal support laws in Colorado are put in place for fairness during such a life-changing time. Even though the laws are there, your eligibility for temporary spousal support is a major factor you need to consider. A Broomfield alimony lawyer can help determine your eligibility.

First, You Should Be Aware of Spousal Support Laws in Colorado

Spousal support is not a simple one-size-fits-all solution. Temporary spousal support is meant to offer financial assistance to a spouse who has lower income as you go through the divorce process.

Colorado uses a specific formula to determine temporary support in most cases. For couples who have a combined annual income of $75,000 or less, Colorado will provide a specific formula to figure out the presumptive amount of temporary maintenance. The calculation includes:

  • 50 percent of the lower-income party’s monthly income
  • 40 percent of the higher-income party’s monthly income

If the result is zero or a negative number, the idea is that temporary maintenance should not be given. However, if the result is a positive number, the amount represents the monthly temporary maintenance. This is why it can get tricky when trying to figure out if you can qualify or how much you can get. A divorce lawyer in Colorado can help make sure you have a fair chance if you may qualify.

Do You Have to Support Your Spouse After Divorce?

Getting temporary spousal support is just one piece of the puzzle. Multiple factors are at play when determining if you owe your spouse support. The courts will make the financial decision on support.

Unlike temporary maintenance, post-divorce spousal support (or permanent maintenance) is less likely to follow a set formula. The court will have the discretion to decide on the amount and time based on the specifications of your case.

Factors That May Void Liability

Some factors can void or terminate alimony agreements, including temporary spousal support. The may include some of the following:

  • Cohabitation: If the spouse who is receiving the spousal support moves in with a new partner, the court may modify or end the spousal support.
  • Remarriage: If the spouse collecting the spousal support gets married to someone else, they are no longer eligible for spousal support.
  • Agreement Terms: Some agreements may have a pre-determined date or conditions set in place to end support automatically.

How Temporary Support Differs from Permanent Support

Temporary support bridges the gap between separation and divorce resolution. It allows you to ensure that the lower-earning spouse can pay for immediate needs, such as a place to live and everyday expenses.

Permanent support is usually given after the divorce. It addresses long-term financial obligations. It is typically for lengthy marriages or when one spouse sacrifices career advancement to support their family.

Temporary support is not guaranteed to lead to more permanent maintenance. Most cases involve just temporary support while the divorce process unfolds.

Danielsen Westhoff, PC Can Be in Your Corner

Going through a divorce is one of the most emotional things you can go through. However, it can also lead to financial uncertainty. Having a Broomfield divorce lawyer helping you can help you get through this tough time a bit easier as you go through the legal process. Call us to start with a consultation, and we will see how and if we can help you move forward.