Westminster Spousal Maintenance Attorney
Spousal maintenance is the term for alimony or spousal support in Colorado. Whether you are a potential payor or payee, you should know your rights and obligations regarding spousal maintenance prior to a divorce.
At Danielsen Westhoff, P.C., our Westminster spousal maintenance attorneys can thoroughly review your circumstances. Then, we can offer honest advice about a spousal maintenance award in your divorce.
Contact Danielsen Westhoff, P.C., in Westminster now to schedule your consultation with a skilled spousal maintenance attorney.
Who Qualifies for Spousal Maintenance in Colorado?
To qualify for spousal maintenance in Colorado, the payee spouse must request a spousal maintenance award from the court. The court will not take up a spousal maintenance award voluntarily.
There must be a need for financial support on the payee spouse’s behalf, and the payor spouse must be able to pay spousal maintenance. The court does not consider marital misconduct when making a spousal support determination.
Factors Considered When Determining Whether to Award Spousal Maintenance in Colorado
In considering whether to award spousal maintenance, the court will review several factors.
These factors include but are not limited to:
- Each party’s gross income;
- Each party’s marital property distribution;
- Each party’s financial resources from the marital and separate property;
- The payee’s financial need; and
- Any tax consequences of a spousal maintenance award.
Should the court decide a spousal maintenance award is proper, Colorado has statutory guidelines the court may follow to set award terms and amounts.
Spousal Maintenance Guidelines in Colorado
Colorado has statutory spousal maintenance guidelines. The guidelines only apply to marriages from 3 to twenty years. The court may deviate from the guidelines as they are only a guide meant to offer predictability in spousal maintenance awards.
The court may consider any relevant factors when deciding a spousal maintenance term and amount, such as:
- Each party’s ability to support themselves;
- The marital standard of living;
- The distribution of marital property;
- Each party’s income, employment, and employability;
- Each party’s historical earnings;
- The duration of the marriage;
- Whether temporary maintenance was awarded and at what amount;
- Each party’s age and health;
- Whether one spouse left a career to rear children; and
- Any tax consequences of a spousal maintenance award.
Spousal maintenance orders are court orders. Non-compliance with a spousal maintenance order may result in serious civil fines and penalties.
Modification or Termination of Spousal Maintenance Orders in Colorado
Spousal maintenance orders may be modified upon a showing of a “substantial and continuing change of circumstances,” making the original order unfair. However, there are spousal maintenance orders containing clauses designating them as non-modifiable.
Although Colorado uses the term “permanent maintenance,” most spousal maintenance orders have set terms upon which payments end. It is rare to see a lifelong spousal maintenance award. Spousal maintenance terminates upon the death or remarriage of either party.
Spousal maintenance orders agreed upon by the parties may be non-modifiable. Speak with an experienced spousal maintenance attorney if you have questions about modifying or terminating your orders.
Contact an Experienced Westminster Spousal Maintenance Attorney Today
The spousal maintenance attorneys at Danielsen Westhoff, P.C., can answer your questions in a confidential consultation. Let us offer advice and help you navigate Colorado’s spousal maintenance laws and regulations.
Danielsen Westhoff, P.C., can also handle your divorce, child custody, or other associated family law matters. Call or contact us online in Westminster now!