Colorado Alimony / Spousal Support

Maintenance may be awarded in Colorado if a spouse of either gender does not have enough property, including marital property, to provide for one's reasonable needs, and is unable to support oneself through appropriate employment.

Temporary Alimony in Colorado

According to C.R.S. 14-10-114(4) In every Colorado case for dissolution or legal separation where temporary maintenance is requested and the combined annual gross income of the spouses is $75,000 or less there is a rebuttable presumption in favor of an award of temporary alimony from the higher income party to the lower income party. The amount of the Colorado maintenance is equal to 40% of the higher income earner's monthly adjusted gross income minus 50% of the lower income earners monthly adjusted gross income.

The parties can agree to waive temporary maintenance or deviate from the formula, however they must state the reason for the waiving or deviation and the court has the right to approve or disapprove the agreement.

Factors Considered in Colorado Alimony

The court considers all financial circumstances of the parties, as well as the age of the parties, ability to work, duration of the marriage, and the standard of living established during the marriage. The amount and duration of the award of maintenance is discretionary with the judge and often is difficult to estimate in advance.

Modification of Colorado Alimony

The court does maintain an "open" court case in divorce cases. , Often, financial circumstances of the parties change, necessitating a modification of maintenance (alimony/spousal support), unless maintenance was previously waived by the party.

Termination of Colorado Alimony

As a general rule, maintenance terminates at a specific date, or with the death of either party or the remarriage of the party who is receiving maintenance.

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