There is no law in Denver that states maintenance will always be ordered when a couple divorces in Colorado. Whether maintenance will be paid, how much maintenance will be paid and for how long it is to be paid are often among the most challenging issues to resolve in a divorce. When the question of spousal support in Denver comes up, the court will consider certain factors in making a determination about whether maintenance is appropriate in a particular case and you should without a doubt contact an attorney in Denver with experience in spousal support cases. Some of these factors include:

  1. The financial status of the party seeking maintenance
  2. The time necessary to gain employment or establish earning capacity
  3. The standard of living enjoyed during the marriage
  4. The duration of the marriage
  5. The age and the health condition of the spouse seeking maintenance
  6. The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance

(Colorado Statutes – Article 10 – Sections: 14-10-114, 14-10-117)

It is possible to reach an out-of-court settlement on the matter of spousal support in an uncontested divorce. Our Mediation can also be an effective approach for pursuing this goal. When this is not an option, and the judge is called upon to rule on the matter, the above are the factors that he or she will use.

Tax Implications of Spousal Support Orders

For tax purposes, typically, the person paying maintenance can deduct such payments from their income and the person receiving maintenance must include the payments as income. In this way, the economic burden of being ordered to pay spousal support in Denver is reduced to a certain degree. A lump sum maintenance payment, however, is usually not taxed as income to the receiver. The payment of maintenance is usually terminated upon remarriage and may be modified, suspended or terminated upon the cohabitation of the ex-spouse receiving alimony payments.

Common Questions about Maintenance

What is maintenance?

In Colorado, maintenance, otherwise referred to as spousal support, is money paid by one spouse to another either during the divorce, or upon the divorce becoming final, towards the other spouse’s living expenses. It can be limited to a term of years or payable for a lifetime, depending on the particular circumstances of the case.

Can I receive maintenance before my divorce is finalized?

Yes. Sometimes, the court will temporarily order maintenance payments, also known as Temporary Orders for Maintenance. During the divorce process, the maintenance order may change if the financial situations of the parties change, such as:

  • Increases / decreases in the income of the parties
  • Job loss
  • other special circumstances

We at The Becker Law Firm, are aggressive in our approach to advocate all of your maintenance issues. Contact us now for an initial consultation to learn more about the topic of maintenance and how it may impact your own case.