1st Sep 24 10:00 pm
JamieColorado spouses seeking a divorce have the option to come to an independent agreement regarding contractual alimony payments. If the spouses cannot agree, however, the spouse who wishes to receive financial support from their former partner after the divorce can petition the Colorado family court overseeing the divorce proceedings to include an order for spousal maintenance as part of the final decree granting the dissolution of marriage. Court-ordered spousal maintenance payments are legally binding, which can be an advantage for the spouse seeking support if it becomes necessary to pursue legal action against the other party for failure to make these payments on a timely basis; on the other hand, however, there is no guarantee that either spouse will be satisfied with the amount or schedule set by a family law judge. There are several factors that judges are directed to consider in determining not only whether to order spousal maintenance in a Colorado divorce, but in what amounts and for how long. The factors weighed by a Colorado family law judge may not necessarily be the ones the divorcing partners consider most significant to their own priorities. To discuss your situation with an experienced family law attorney and gain perspective on whether it makes more sense for you to negotiate contractual alimony with your ex vs. arguing your case for or against spousal maintenance payments in court, schedule a consultation with Colorado Divorce Law Group by calling (720) 593-6442 today.
Colorado courts do not always order spousal maintenance. Spouses pursuing an uncontested divorce can include mutually-acceptable terms for contractual alimony in the divorce settlement they present to the court for approval, and if the court finds the parties’ agreement to be fair and reasonable then approval of the contractual alimony as stipulated will often be granted.
In a contested divorce, on the other hand, if alimony is one of the factors on which the divorcing spouses are unable to agree, then generally speaking the party who wishes to receive alimony as part of their divorce settlement will need to include a request for court-ordered spousal maintenance as part of their petition to the court.
If either party in a divorce case has requested that the court issue orders concerning spousal maintenance, C.R.S. § 14-10-114 directs Colorado family law judges and magistrates to consider several factors in determining whether to issue such orders. The same statute also provides guidance to Colorado courts regarding how to determine what amount may be appropriate for monthly alimony payments, and how long the paying spouse should be expected to continue the financial support.
Before granting a request for court-ordered spousal maintenance, the judge or magistrate overseeing a Colorado divorce case is required to make explicit “findings” – answers to relevant factual questions, according to Cornell Law School’s Legal Information Institute (LII) – regarding the following factors:
The court will also consider whether any court-ordered spousal maintenance would be considered taxable income for the recipient, or a tax-deductible expense for the payor, under Internal Revenue Service (IRS) guidelines, which Colorado tax laws have been adjusted to match.
Contractual alimony in an uncontested divorce will last for as long as specified in the settlement the divorcing spouses present to the Colorado family court overseeing their case, as long as the judge or magistrate approves the couple’s divorce settlement. Generally speaking, if the settlement a couple presents to the court in an uncontested divorce lays out terms that appear equitable, in most cases the soon-to-be-former spouses will receive the required approval. Sometimes spouses seek to negotiate these settlements with the assistance of a professional divorce mediator; the mediator will be a neutral third party, so the spouses often bring their own legal representation with them to the mediation sessions, for advice and support. An experienced family law attorney with Colorado Divorce Law Group may be able to explain the risks and advantages of divorce mediation to you and help you determine whether that option makes sense in your situation.
When either party to a contested divorce asks the court to issue a determination regarding spousal maintenance, the judge or magistrate presiding over the case will consider the length of the marriage itself in determining the duration of any spousal maintenance orders. There can be exceptions, and each case is unique, but generally speaking, the longer the couple was married before one party filed for divorce, the longer spousal support is likely to last. For marriages of three years or less, it is very common for judges in Colorado not order either party to pay the other spousal maintenance; for marriages that lasted 20 years or longer before the initial divorce filing, and in which the judge has determined that an order of spousal maintenance is indeed appropriate, then C.R.S. § 14-10-114 recommends half the length of the marriage as a starting point, and directs judges to provide explicit reasoning in the event that they order a shorter duration.
The judge or magistrate in a Colorado divorce case will typically use the scale presented in § 14-10-114 as their starting point for calculating what may be an appropriate amount for one spouse to pay the other in financial support, once the court has determined that a spousal maintenance order is appropriate. Spouses asking the court to order their former spouse to pay alimony should bear in mind that such orders are not guaranteed, and will depend to a large extent on what the court considers equitable in light of each party’s income and resources. Here again there can be exceptions, but in general a sharp disparity in income and resources will weigh in favor of a spousal maintenance order, whereas relative parity between the former spouses may weigh against court-ordered spousal maintenance payments. Other factors may also come into play, such as exceptionally burdensome medical expenses or, on the other hand, a medical condition that limits one party’s potential to increase their future earnings.
Contractual alimony and court-ordered spousal maintenance both serve the same basic goal: ensuring that a spouse who might not otherwise be able to meet his or her basic needs in the months and years after a divorce is able to maintain a reasonable standard of living – often while working to expand their job skills or enhance a work history record that might have been deprioritized during the course of the marriage. While such payments can fulfill a genuinely crucial role, the amounts agreed upon and the duration of the support should be fair to both parties. If you are preparing for a divorce in Littleton or anywhere in the greater Denver area, consider speaking with an experienced family law attorney concerning your options for alimony or spousal maintenance. Call Colorado Divorce Law Group today at (720) 593-6442 to get started.
