Spousal Support in Colorado
Helping You Secure Fair Spousal Support
With over 30 years of experience in family law, the 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 navigate this process, and that begins with ensuring you understand spousal support.
Spousal support, or alimony, 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.
Whether you anticipate paying or receiving alimony, our legal family law team at Jorgensen, Brownell & Pepin, P.C. can protect your rights and best interests throughout the divorce process to obtain the most favorable outcome possible. Contact us today!
Understanding Spousal Maintenance in Colorado
In Colorado, spousal support is categorized into two distinct types: temporary (or “pendente lite”) maintenance, which may be granted during the divorce proceedings, and long-term maintenance, which is established after the divorce has been finalized.
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 more than 20 years, then permanent alimony may be rewarded.
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.
What happens if I stop paying alimony?
If you stop paying alimony in Colorado, your former spouse can take legal action against you for non-compliance with the court order. You may receive written notice from your ex or their attorney, warning of potential consequences like collection actions or being held in contempt of court. This is why it is critical to consult with our experienced family law attorneys—particularly in situations where there are wage changes or other financial difficulties affecting your ability to meet alimony obligations.
Can spousal support be modified or terminated?
Yes, in some 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?
Under Colorado law, spousal support payments are no longer deductible for the payer, and the recipient does not include these payments as taxable income. This shift in law 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.
Over Three Decades of Trusted Family Law Representation
Whether you are navigating the complexities of divorce, property division, custody issues, or other family law matters, the legal team at Jorgensen, Brownell & Pepin, P.C. is here to assist you. With over 30 years of experience, we have built a reputation for competence and compassion and will guide you toward the best possible outcome. Contact us today!
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