Alimony Attorneys in Durango, Colorado

Divorce can be a challenging and emotional process, with numerous legal and financial considerations that need to be addressed. One of the most significant aspects of divorce in Colorado is alimony, also known as spousal maintenance.

Understanding how alimony works in Colorado can help you traverse this challenging issue and make informed decisions that protect your financial future. At Durango Family Law, our lawyers will explore the key factors that influence alimony decisions, how Colorado courts determine the amount and duration of alimony, and what you can expect if you're seeking or contesting alimony in your divorce.

Understanding Alimony in Colorado

Alimony, or spousal maintenance, is a financial payment that one spouse may be required to make to the other during or after a divorce. The purpose of alimony is to help the lower-earning spouse maintain a standard of living similar to what they enjoyed during the marriage.

In Colorado, alimony isn't automatically granted in every divorce case; instead, it's determined based on several factors and the specific circumstances of each case.

Types of Alimony in Colorado

In Colorado, there are different types of alimony that may be awarded, depending on the needs of the parties involved:

• Temporary alimony: Also known as "pendente lite" alimony, this type is awarded during the divorce process to help the lower-earning spouse cover living expenses until the divorce is finalized.

• Rehabilitative alimony: This type of alimony is designed to help the lower-earning spouse become self-sufficient by providing financial support while they gain education, training, or work experience.

• Reimbursement alimony: This form of alimony is intended to reimburse one spouse for financial contributions they made toward the other spouse's education or career advancement during the marriage.

• Permanent alimony: Although less common, permanent alimony may be awarded in cases where the lower-earning spouse is unable to become self-sufficient due to age, illness, or disability. Permanent alimony continues until the recipient remarries or either party dies.

Factors That Influence Alimony Decisions

Colorado courts consider a variety of factors when determining whether to award alimony and, if so, the amount and duration of the payments. These factors are intended to make sure that the alimony award is fair and reflects the financial realities of both parties.

Duration of the Marriage

The length of the marriage is one of the most significant factors in determining alimony. In general, the longer the marriage, the more likely that alimony will be awarded. For marriages that lasted less than three years, alimony is rarely awarded.

For longer marriages, the amount and duration of alimony can vary depending on other factors, such as the financial needs of the recipient and the ability of the paying spouse to provide support.

Financial Resources and Needs

The financial resources of both spouses play a crucial role in alimony decisions. The court will consider the income, assets, and debts of each spouse, as well as their individual financial needs.

This includes evaluating the standard of living during the marriage and the ability of each spouse to maintain that standard of living after the divorce.

For example, if one spouse was a stay-at-home parent with little or no income, the court may award alimony to help them transition to financial independence. If both spouses have similar incomes and financial resources, alimony may not be necessary.

Earning Capacity and Employment

The earning capacity and employment status of each spouse are also important factors. The court will consider the education, skills, and work experience of each spouse, as well as their ability to find and maintain employment.

If one spouse has been out of the workforce for an extended period, the court may award rehabilitative alimony to help them gain the skills and training needed to re-enter the job market.

Additionally, if one spouse's earning capacity is significantly lower than the other's, alimony may be awarded to help bridge the income gap and make sure that both parties can maintain a reasonable standard of living.

Contributions to the Marriage

Contributions to the marriage, both financial and non-financial, are also considered when determining alimony. This includes the contributions of a stay-at-home spouse who may have sacrificed their career to care for children or support the other spouse's career. The court recognizes that these contributions have value and may award alimony to compensate for the sacrifices made during the marriage.

How Is Alimony Calculated in Colorado?

Colorado has established guidelines to help courts determine the amount and duration of alimony. While these guidelines provide a starting point, the final decision is left to the judge's discretion, based on the unique circumstances of each case.

Alimony Calculation Formula

For marriages that lasted at least three years, Colorado uses a formula to calculate alimony. The formula takes 40% of the higher-earning spouse's monthly income and subtracts 50% of the lower-earning spouse's monthly income.

The resulting amount is the suggested alimony payment, subject to adjustments based on the factors discussed earlier.

For example, if the higher-earning spouse has a monthly income of $10,000 and the lower-earning spouse has a monthly income of $4,000, the calculation would be:

• 40% of $10,000 = $4,000

• 50% of $4,000 = $2,000

• $4,000 - $2,000 = $2,000

In this scenario, the suggested alimony payment would be $2,000 per month.

Duration of Alimony Payments

The duration of alimony payments is generally based on the length of the marriage. For marriages that lasted between three and 20 years, the duration of alimony is typically 31% to 50% of the length of the marriage. For example, if a marriage lasted 10 years, alimony might be awarded for a period of 3 to 5 years.

For marriages that lasted more than 20 years, the court may award alimony for an indefinite period, especially if the recipient spouse is unlikely to become self-sufficient due to age, health, or other factors.

Modifying or Terminating Alimony

Alimony awards aren't necessarily set in stone. Under Colorado law, alimony can be modified or terminated under certain circumstances. Understanding when and how alimony can be changed is important for both the paying and receiving spouses.

Modification of Alimony

Alimony can be modified if there is a significant change in circumstances, such as a substantial increase or decrease in income, job loss, or a change in the financial needs of either spouse.

To modify alimony, the requesting spouse must file a motion with the court and provide evidence of the changed circumstances. The court will then decide whether the modification is warranted based on the new information.

Termination of Alimony

Alimony typically ends when the recipient spouse remarries or either spouse dies. Alimony may also be terminated if the recipient spouse cohabitates with a new partner in a marriage-like relationship, as this may reduce their financial need.

Additionally, if the paying spouse can prove that the recipient no longer needs alimony due to improved financial circumstances, they can request termination of the payments.

Alimony is a crucial component of many divorce cases in Colorado, designed to provide financial support to a spouse who may need assistance transitioning to life after marriage. Understanding how alimony is determined, calculated, and modified under Colorado law can help you traverse the divorce process with greater confidence.

Whether you're seeking alimony or contesting it, it's essential to work with a knowledgeable divorce attorney who can guide you through the legal complexities and advocate for your best interests.

By understanding your rights and responsibilities regarding alimony, you can make informed decisions that protect your financial future during and after your divorce.

Reach Out to a Family Law Attorney

Are you interested in starting the process of securing alimony? At Durango Family Law, our experienced divorce attorneys will guide you through the process.

We know how to craft strategies and agreements that reflect your unique goals and interests. No matter what your family is going through, the lawyers at Durango Family Law will provide the support you need. Contact us today to schedule a consultation.

We serve clients throughout Durango, Colorado as well as Pagosa Springs, Cortez, Dolores, Silverton, Hermosa, Hesperus, La Plata County, Montezuma County, and San Juan County.