Spousal Support And Alimony Attorney
According to the Census Bureau, 243,000 people received alimony in 2016. During the divorce process, issues of spousal support or maintenance may need to be addressed. If you are considering a divorce or have just been served with divorce papers, and would like to understand your options regarding alimony or spousal maintenance, it is crucial to consult with a knowledgeable family law attorney for experienced legal guidance.
At Duncan Legal, PC, I proudly serve clients in Centennial, Littleton, Greenwood Village, Parker, Arapahoe County and Douglas County, Colorado. I have devoted my career to providing comprehensive legal services and detailed guidance in family law-related matters, including spousal support and divorce. Whether you are trying to establish spousal maintenance arrangements or modify an existing alimony agreement, I can provide the personalized legal counsel you need. Contact me for a free case assessment.
Overview Of Spousal Maintenance (Alimony) In Colorado
In Colorado, alimony or spousal maintenance is a court-order payment by a spouse to their ex-spouse during or after a divorce. When alimony is awarded, the court will require the higher-earning spouse to make provisions or monthly payments to the lower-earning spouse.
There are several types of spousal maintenance the Colorado courts may award, including:
Temporary alimony is also referred to as “pendente lite support.” This is a financial provision to help the lower-earning spouse with daily expenses and attorney fees during the divorce proceedings. Such payments usually stop once the divorce is finalized.
Rehabilitative alimony is very common in the state of Colorado. This spousal maintenance serves as financial assistance from the higher-earning spouse to help the lower-earning spouse become self-supporting. Such payments will continue until the recipient spouse completes his or her education, college degree, acquires additional job skills or secures new employment.
Permanent support is only awarded in extreme cases and requires one spouse to make ongoing monthly payments to the other spouse. This type of alimony may be awarded when a spouse is unable to become financially independent due to critical illness, disability or advanced age. Such payments continue indefinitely until remarriage, death or a court-appointed end date.
Who Is Entitled To Spousal Support?
The aim of spousal maintenance in Colorado is to mitigate any unfair economic or financial impact of the divorce by making provisions for the lower-earning spouse. Generally, alimony will be awarded if the requesting spouse is in need and the other spouse has the means to pay. With this, the lower-earning spouse can still maintain the marital lifestyle for some period after the divorce.
What Determines Type, Amount And Duration Of Alimony?
Some factors that the court will consider to determine the type, amount and duration of spousal maintenance include:
- The length of the marriage
- The age, mental health and physical condition of the spouses
- The property distribution in the divorce
- The current employment status of each spouse
- The lifestyle that was established during the marriage
- The financial resources of each spouse, including marital and nonmarital assets and liability
- The couple’s income, earning capacity, educational levels and employability
- The time needed for the requesting spouse to complete their education or acquire additional job training or vocational skill to enable them to get a job or become self-supporting
Changes To Current Alimony Agreement
Unless there is a written agreement not to seek changes to an alimony order, the court can modify maintenance payments where there is a substantial material change in circumstances. Circumstances that may warrant a change in a current alimony agreement include:
- A substantial decrease in income of the paying spouse
- New marriage
- The receiving spouse no longer needs it
- The receiving spouse is not making any reasonable effort to get a job or become self-supporting
How Legal Counsel Can Help
Divorce and spousal maintenance cases are usually complex. If you are preparing for a divorce or already in the process of one, an experienced alimony attorney can provide wise counsel and review your options.
At Duncan Legal, PC, I understand that divorce and issues of spousal maintenance can be emotional and divisive. I will provide the compassionate legal counsel and advocacy you need to establish or modify spousal support arrangements. As an experienced Colorado spousal support attorney, I can help you determine the best course of action and make your transition from married to single as seamless as possible.
Experienced Spousal Support Attorney Serving The Community
If you are considering a divorce or have just been served with divorce papers and would like to know your options regarding spousal support arrangements, call 303-222-7021 or email me here today to schedule a free one-on-one case evaluation. I will use my experience, knowledge, creativity and negotiation skills to help guide you through the process. I represent clients throughout Centennial, Littleton, Greenwood Village, Parker, Arapahoe County and Douglas County, Colorado.