Spousal Support in Longmont
Securing Your Financial Future Now
Whether you believe you are entitled to spousal support or facing obligations to provide it, the family law team at Jorgensen, Brownell & Pepin, P.C. is here to protect your rights and ensure your voice is heard.
Spousal support, or alimony, is a legal obligation in which one spouse provides financial assistance to the other spouse during or after a separation. The goal of spousal support is typically to ensure the receiving spouse maintains the same standard of living they enjoyed before the divorce. These arrangements address income disparities, particularly in cases where one spouse places a career on pause to raise children or provide additional, non-monetary support for the family.
If you are seeking support, our Longmont family law attorneys will fight to protect you from financial hardships. For those with obligations to provide it, we will work with you to negotiate fair terms or advocate for modifications to existing arrangements to ensure they reflect changing circumstances. Let us guide you through the spousal support process and ensure you secure the best possible outcome.
Determining Alimony in Colorado: A Quick Reference Guide
In Colorado, there are two primary categories of spousal support: temporary (or maintenance (or “pendente lite”), which may be granted during the divorce proceedings, and long-term maintenance, which is established after the divorce has been finalized.
To determine spousal maintenance, the state uses a standard method for couples with combined incomes that do not exceed $240,000. If the couple falls into this income bracket and were married for at least three years, alimony payments will be 40% of the higher-earning spouse’s monthly adjusted gross income minus 50% of the other spouse’s monthly gross income.
However, these guidelines do not apply if the couple falls into a combined income bracket that exceeds $240,000, and was married for less than three years or more than 20 years. Permanent alimony may be awarded in cases where the couple was married for more than two decades.
That said, the courts can deviate from these guidelines and may consider the following when determining spousal support arrangements:
- The lifestyles of both spouses during the marriage
- The distribution of marital property
- Education and employability
- Income history—whether one spouse historically earned more than the other
- Length of the marital relationship
- Whether temporary spousal maintenance was paid during separation
- The age and health of each spouse
- Contributions, whether economic or otherwise, to the marriage
The flexibility of these guidelines is only one reason you need the support of an experienced family law attorney. Our strategic approach to spousal support may allow us to negotiate the terms on your behalf and achieve a far more favorable outcome.
Why Longmont Families Choose Jorgensen, Brownell & Pepin, P.C.
At Jorgensen, Brownell & Pepin, P.C., we're proud to have assembled a group of dedicated and passionate Colorado lawyers. Over the last 30 years, we've helped thousands of clients overcome complex legal challenges using a strategic approach grounded in empathy. When you work with our Longmont team, you can expect:
- Strategic Legal Solutions: Three decades of experience in family law have equipped us with the tools our clients need to succeed—whether it be in outside negotiations or inside the courtroom. We meticulously analyze your case, develop innovative strategies, and fiercely defend your interests.
- A Client-Centric Approach: While our approach to family law is strategic, we refuse to sideline clients or leave them in the dark. We are a collaborative firm, which means people come first—always. Rest assured, you will always have a voice. What you won't have are unanswered questions.
- Comprehensive Expertise: Our knowledge of family law extends far beyond spousal support. Whether you need support with adoption, custody, child support, paternity, property division, or any other matter related to family law, we can assist. Our knowledge base is deep, and our clients' success proves it.
- Compassionate Guidance: We believe in maintaining efficiency yet refuse to sacrifice kindness and compassion in the process. When you work with us, you can expect to be treated with care and respect. Experience shows us that this is the only way to achieve positive outcomes and peace of mind.
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 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.
Let Our Longmont Divorce Lawyers Help Today
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. With over 30 years of experience and an exceptional track record of success, our Longmont divorce lawyers have the knowledge and skill to help you navigate the complexities of the legal system. Contact us today!
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