Spousal Maintenance
Colorado Spousal Maintenance Lawyer
Serving Families and Individuals in Colorado and the Denver-Metro Area
A spouse may or may not be entitled to spousal maintenance (also called spousal support or maintenance), depending on the incomes of the parties. The court may order that spousal maintenance be paid on a temporary or permanent basis.
Attorney Carolyn Moller Duncan can evaluate your situation and give you an indication of whether spousal maintenance will be required in your case. If it will not be required, she can discuss the pros and cons of seeking a settlement that includes the payment of spousal maintenance.
Call 888-618-0477 or contact us online to schedule a free consultation to discuss your spousal maintenance concerns.
Temporary Spousal Maintenance
In cases where a couple's combined income is less than $75,000 and there is a disparity in the incomes of the spouses, the court will generally award temporary spousal maintenance.
The lower-earning spouse will receive temporary support at a level equal to 40% of the higher earner's gross monthly income minus 50% of the lower earner's gross monthly income.
Permanent Spousal Maintenance
Judges have much more discretion when considering permanent support. In most cases, the parties can opt out of spousal support providing that the court accepts the proposed terms of the settlement. For example, it may make sense to seek a larger property settlement rather than choosing spousal maintenance.
Tax considerations in your situation may steer you towards one solution or another. Please note, spousal maintenance is tax deductible for the payer and treated as taxable income for the receiver.
Modifying Spousal Support
A permanent spousal maintenance order is often not permanent. If one or both spouses has a material change in circumstances (such as losing a job or re-marrying), our firm can request a post-judgment modification to the spousal support order.
Help Making the Right Spousal Maintenance Decisions
Carolyn Moller Duncan has many years of experience guiding clients through the divorce process. She can help you make the right decisions about spousal maintenance - decisions that can help you make a successful transition to life after divorce.
Rest assured, she will carefully consider creative solutions to your unique situation, including the effect of spousal maintenance on military divorces and complex divorces.
