Spousal Support in Broomfield
Navigating Spousal Support with Compassion and Expertise
The family law team at Jorgensen, Brownell & Pepin, P.C. understands that divorce can be emotionally draining and financially complex. We are here to offer you the support and expertise you need to negotiate this process, and that begins with ensuring you understand spousal support.
Spousal support is a legal obligation of a higher-earning spouse to provide financial support to a lower-earning spouse. The purpose of spousal support (or “alimony”) is to help the lower-earning spouse continue the standard of living that they had during marriage and prevent an unfair economic effect due to divorce. Alimony can end when the recipient spouse becomes self-supporting or remarries.
Navigating the complexities of spousal support can be one of the most challenging aspects of a divorce.
For those seeking support: Our goal is to ensure you receive the support necessary to maintain the standard of living you had during marriage by protecting you against the financial hardships that can arise after divorce.
For those with obligations to provide support: We believe spousal support arrangements should be fair and manageable. Our team will work with you to evaluate your obligations, negotiate terms that align with your financial standing, and fight for modifications to existing arrangements to ensure they reflect changing circumstances.
Whether you are struggling to negotiate a fair spousal support agreement or fighting to protect your finances due to changing life circumstances, contact us today. We are here to assist!
Understanding Spousal Maintenance: A Quick Reference Guide
In Colorado, there are two categories of spousal support:
- Temporary Maintenance (Pendente Lite): This may be granted during divorce proceedings and is intended to provide financial support to the lower-earning spouse or the spouse with less access to marital assets while the divorce is pending.
- Long-Term Maintenance: Typically established after the divorce has been finalized. Long-term maintenance payments are either biweekly or monthly and set for a specific period of time.
It is worth noting that permanent alimony is quite rare in Colorado, but essentially, the longer the marriage, the longer the alimony payments may continue.
When determining spousal maintenance, the state uses a standardized method for all couples that earn a combined monthly income of $240,000 or less:
- The formula for spousal support payments equals 40% of the higher-earning spouse’s monthly adjusted gross income minus 50% of the other spouse’s income.
- This calculation is applicable if you were married for at least three years.
However, there are exceptions to the standard. These include:
- Marriages lasting less than three years or more than two decades
- Couples with a combined income over $240,000
- For marriages more than 20 years, permanent alimony may be considered
Compassionate Family Law Services: Since 1989
At Jorgensen, Brownell & Pepin, P.C., we understand the complexities and sensitivities surrounding family law matters, including those related to spousal maintenance. Our team of family law attorneys is committed to providing the legal support and guidance you need, including:
Experience and Expertise
With over 30 years of family law experience, we understand the intricacies of Colorado law. This experience ensures we effectively handle asset division, custody arrangements, and spousal maintenance agreements, ensuring the best possible outcome.
Trusted Network of Resources
While our team of experts are well-equipped to handle any family law matter, we are also supported by a trusted network of financial advisors and tax professionals, which enhances our ability to tackle complex divorce matters. Our collaborative approach ensures you receive well-rounded solutions for all of your spousal maintenance concerns.
Customized Solutions
We understand that every divorce is unique. That is why we tailor our legal strategies to your specific situation and needs. Our goal is to provide peace of mind, ensuring your voice is heard and your rights are protected.
Compassionate Legal Services
We believe in maintaining efficiency, yet refuse to sacrifice kindness and compassion in the process. Rest assured, we will work with you to reach a swift resolution while ensuring your voice is heard and your needs are met.
If you're navigating the challenges of spousal maintenance, whether establishing, negotiating, or modifying arrangements, Jorgensen, Brownell & Pepin, P.C. is here to help. Contact us today!
Frequently Asked Questions
What is alimony?
If you are interested in filing for divorce in Colorado, you may be wondering about spousal maintenance, also known as alimony. Spousal support is a legal obligation of a higher-earning spouse to provide financial support to a lower-earning spouse. The purpose of alimony is to help the lower-earning spouse continue the standard of living that they had during marriage and prevent an unfair economic effect due to divorce. Alimony can end when the recipient spouse becomes self-supporting or remarries.
How is spousal maintenance determined?
There are two types of spousal support in Colorado: “pendente lite” or short-term maintenance and long-term maintenance. The former may be ordered during divorce proceedings, while the latter starts after the divorce is final.
Long-term maintenance payments are either biweekly or monthly and set for a specific period of time. Permanent alimony is quite rare in Colorado, but essentially, the longer the marriage, the longer the alimony payments may continue.
When determining spousal maintenance, the state uses a standardized method for all couples that earn a combined monthly income of $240,000 or less. If this range applies to your case and you were married for at least three years, spousal support payments will equal 40 percent of the higher-earning spouse’s monthly adjusted gross income, subtracted by 50 percent of the other spouse’s monthly adjusted gross income.
If the marriage was less than three years or more than two decades, or the couple’s combined income is over $240,000, then the guidelines may not apply. If a couple is married for more than 20 years, then permanent alimony may be rewarded.
Can spousal support be modified or terminated?
Yes, in certain circumstances. These may include situations involving a substantial increase or decrease in either spouse's income, remarriage of the receiving spouse, or significant changes in health. Our attorneys can assist in filing a petition for modification or termination of spousal support, presenting evidence to support the change in circumstances.
How does cohabitation affect spousal support?
According to Colorado law, if the spouse receiving maintenance (alimony) cohabitates with a third party in a relationship that resembles marriage, the paying spouse may request a modification or termination of the spousal support order. The court will consider several factors to determine whether the cohabitation is marriage-like, including but not limited to the duration of the cohabitation, financial interdependence, and how the couple presents themselves to the community.
What are the tax implications of receiving or paying spousal support?
For divorce agreements finalized after December 31, 2018, spousal support payments are no longer deductible for the payer, and the recipient does not include these payments as taxable income. This shift reverses the previous tax treatment and can significantly impact both parties' financial planning. It's crucial to understand how these changes affect your specific situation. If you have questions about this, please contact us.
Compassionate Family Services Since 1989
At Jorgensen, Brownell & Pepin, P.C., we understand the complexities and sensitivities surrounding family law matters. Our Broomfield family law attorneys are here to provide you with the legal support and guidance you need to navigate issues like parenting time, custody, divorce, property division, and spousal support. Your family's well-being is our priority, and we are committed to helping you find the best solutions with competence and compassion.
Get more information about our divorce representation
We’ve Helped Others Like You
Get The Help You Need
Get JBP Legal’s experience on your side. Contact us for questions or a consultation.