Spousal Maintenance Attorney in Denver
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.
Call (303) 225-3343 to schedule your free initial consultation.
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 considered in the court's decision under Colo. Rev. Stat. § 14-10-114 when 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
- Unemployment
- The mental and physical health of both spouses
Can Spousal Maintenance Be Modified in Colorado?
Yes, spousal maintenance can be modified in Colorado. You can file to modify the term and/or the amount of support required.
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.
In order to modify a spousal maintenance order, there must be a substantial and continuing change in circumstances that makes the original order unfair. This could include a change in health, income, or marital status.
Representation for Spousal Maintenance Modifications
If a spouse wishes to end or modify support because of a new romantic partner, they will need to show that the recipient spouse’s financial circumstances have changed. If you believe your situation warrants a modification, it's advisable to consult with a family law attorney in Colorado.
How Are Colorado Alimony Payments Made?
Spouses can work to agree on the frequency and method of payments. If the parties cannot agree, the court will make the final determination. In most cases, payments are made monthly. However, if the payee has the means, the court may allow a lump-sum payment to be made.
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.
What Happens If the Paying Spouse Doesn’t Comply With Spousal Maintenance Orders?
When a spouse fails to comply with spousal maintenance orders, the consequences can be serious. Colorado law requires strict adherence to court-ordered spousal maintenance, and any failure to make payments as directed can lead to legal penalties.
If the paying spouse is not meeting their obligations, the recipient can take legal action to enforce the order. One of the most common methods of enforcement is wage garnishment, where the court orders the employer of the non-compliant spouse to withhold a portion of their wages to cover the owed maintenance. Additionally, if the spouse has other sources of income or assets, the court may seize bank accounts or place liens on property to ensure compliance.
In some cases, the non-compliant spouse may face contempt of court charges. This occurs when a party knowingly disregards a court order. Being held in contempt can result in fines, increased financial penalties, or even jail time until the payments are made. Colorado courts take these violations seriously and are willing to use a range of legal tools to ensure the support obligations are met.
It is important to understand that spousal maintenance obligations can only be modified through the court. If the paying spouse is experiencing financial difficulties, they should petition the court for a modification of the maintenance order, rather than simply stopping payments. Until a modification is granted, the original order remains in effect.
If spousal maintenance payments are not being made, it is essential to consult with a knowledgeable attorney to explore legal options for enforcing the order and protecting the recipient's rights.
Call our office today at (303) 225-3343 to schedule your free initial case consultation.