Our Spousal Maintenance Attorney in Denver Is an Experienced Advocate
Seeking Fair Financial Support after Divorce
Spousal maintenance, also known as support and formally known as alimony, may be granted to divorcing, financially-dependent spouses, but must be specifically requested by the party seeking the support as it is not automatically granted in the State of Colorado. At Denver Family Lawyers, we provide representation and support for individuals who are seeking a divorce or separation and can discuss your options to find a solution that works in your unique circumstance.
Permanent vs. Rehabilitative Maintenance in Colorado
“Permanent” is something of a misnomer, as this type of maintenance, which is ordered in a final divorce decree, may continue for a number of years and is subject to change with proof of a change in circumstances. This type of maintenance is awarded to provide for reasonable expenses and other needs, especially in the case where a spouse needs to seek employment or is the custodial parent. Permanent maintenance will also stop upon death or remarriage.
Rehabilitative maintenance, on the other hand, is a form of permanent maintenance awarded to supplement income while the dependent spouse becomes independent. This form of maintenance is granted for a limited time period.
How Is Permanent Maintenance Calculated in Colorado?
There are many misconceptions both about whether maintenance is required and if so, how much should be paid. Whether you are being asked to pay or you feel you are entitled to fair and reasonable payments, we can represent you and work towards the best possible outcome.
A few of the factors which are considered in the court's decision about awarding alimony include:
- The length of the marriage (longer lasting marriages have a stronger claim for maintenance awards)
- The standard of living both spouses were accustomed to during the marriage
- Any income disparities between the divorcing parties
- The current and potential future earnings of both spouses
- The marital and separate property and assets of the marriage
- The education level of both parties
- Financial expectations, agreements, and marital or premarital agreements
- The mental and physical health of both spouses
Representation for Maintenance Modifications
When you and your spouse get divorced, the court typically orders maintenance payments based on your circumstances at the time. In many cases, life can change and your circumstances may quickly be different than they were at the time of litigation or settlement. For example, you or your ex-spouse may have lost your job, had a change in income, or had an accident.
Enforcing Alimony Payments in Denver
Regardless of the exact reason you feel your payments should change, it is vital that you work with a Denver spousal maintenance attorney to seek a modification. If your ex-spouse is refusing to pay per the agreement, you may need to take enforcement actions against them.