Spousal Support in Colorado
We Streamline Complex Divorce and Spousal Support Cases
The family law team at Jorgensen, Brownell & Pepin, P.C. understands that navigating divorce and spousal support can be emotionally draining and financially complex.
For those seeking support: Our goal is to ensure you receive the support necessary to maintain the standard of living you had 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
Why Loveland Families Choose Jorgensen, Brownell & Pepin, P.C.
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 Loveland 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 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 resolve 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.
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