Divorce Alimony in Colorado

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In this state, alimony is called 'maintenance'. Although a spouse is in need of maintenance, this spouse does not have an automatic right over it. The divorce court decides this issue after considering the points stated in C.R.S. 14-10-114.

The general standard is that a spouse is more likely to get alimony if the duration of marital life is more. However, this state has not set a direct link between the number of years of marriage and the alimony to be granted. It has been observed that if a couple has been married for 2 years, alimony might be denied. On the contrary, if a couple has been married for 20 years, one of the spouses might be given lifetime alimony.

Factors under consideration for Divorce Colorado Alimony

The divorce law in this state has defined the following factors to be thought over while deciding alimony.

  • The capacity of the partner, who is demanded alimony, to fulfill self requirements as well as those of the partner requesting maintenance
  • The emotional and physical condition as well as the age of the partner requesting maintenance
  • The number of years the marriage has lasted
  • The standard of living that was enjoyed in marital life
  • The number of years essential for the partner requesting alimony to attain enough education and training to be suitably employed and the future earning ability of this partner
  • The financial sources of the partner seeking alimony, inclusive of the following
    • The capacity of this partner to fulfill own requirements independently
    • Whether this partner gets child support to raise a child in his/her custody

As per C.R.S. 14-10-114(4), it is followed that marital misconduct should not be considered by the judge who allocates the alimony. As there is no formula or numerical guidance that needs to be adhered to, the award of alimony completely depends on how generous the judge is.

Temporary Maintenance in Divorce Colorado Alimony

On 1st July 2001, the Legislature in this state passed a bill pertaining to maintenance. However, this defines the payment of temporary maintenance. The duration of the marriage is not considered while allocating temporary maintenance.

Let us consider that the combined gross annual income of the couple is less than 75,000 USD. In such cases, the judge awards maintenance using the following formula.

Amount of alimony = (40 percent of the gross monthly income of the higher income earner) - (50 percent of the gross monthly income of the lower income earner)

As an illustration, let us assume that the husband earns 4,000 USD per month and the wife earns 1500 USD per month. Thus, till the permanent orders are issued, the temporary maintenance would be (50 percent of 4000) minus (50 percent of 1500) i.e. 850 USD per month.

Let us consider that the combined gross annual income of the couple is more than 75,000 USD. In such cases, there is no fixed formula for temporary alimony in Colorado. It is up to the judge whether to use or discount the above formula. The judge may consider the various points mentioned in the previous section.

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