Financial insecurity is a major problem for many divorced women, particularly those who haven’t worked outside of the home in many years. For this reason, it’s not uncommon to see these women paying close attention to Colorado’s latest legislation about spousal maintenance.
In some cases, Colorado’s new spousal maintenance laws will work in your favor but, like child support, they are subject to certain calculations and formulas and based on the combined income of the parties. If you find these formulas aren’t working in your favor, you may want to consider mediation before scheduling court date.
When clients walk into their first consultation with a Colorado Springs divorce lawyer, they usually learn a lot about the divorce process and the laws about Colorado, but many people leave without asking about spousal support. Interestingly, when both parties in a divorce are working full-time, it is just assumed that neither will qualify for spousal support, but that is not always the case. Oftentimes, there is enough of a disparity in their personal incomes to make a case for one party receiving spousal support, or spousal maintenance.
One contentious element of any divorce settlement is determining its financial impact on each spouse. When one spouse expects a dramatic change in his or her standard of living after the divorce, spousal maintenance is often ordered. Some people work hard to avoid the tax consequences of court-ordered spousal maintenance, since it is taxed as income to the recipient.
Over the past several decades, divorce laws have changed quite a bit in Colorado and practically every other state. Not long ago, before no-fault divorce, it was quite common for a man to pay his ex-wife alimony indefinitely, especially if the judge had determined the divorce was his fault. Similarly, if it could be proven that the wife was at fault, she might be denied alimony in the divorce. While divorces like these may be a thing of the past, many women find they need a spousal support attorney who can look out for their financial interests.
In the past, it was common for a woman to collect alimony from her estranged husband as part of a divorce settlement, but as women have started working outside of the home, the terminology has changed a bit. While alimony still exists in some cases, it is more common for it to be called spousal support, spousal maintenance or temporary rehabilitative maintenance. As a spousal support attorney in Colorado, I see many clients who are confused about this issue, so I’ve put together some of the basic facts about how and when this type of support is awarded.
Are you trying to figure out if you are eligible for spousal support in a Colorado divorce? A lot of people are so focused on their property settlement agreement, custody and child support that they don’t even consider spousal maintenance or alimony when their marriage dissolves, but there are many instances where this type of support is warranted. This is where having a spousal support attorney can be very helpful.
Below I will outline the various types of spousal support available in the state of Colorado. A divorce or spousal support attorney will be able to look at your financial situation and help you determine which type of support request is realistic.
Even though divorce is final, there are some adjustments that can be made to the court orders that go along with it. One of these is spousal support, or alimony. If you are looking to make a change in your alimony or spousal support, certain circumstances must be met, and it is important to know these before moving forward with a petition. While in Colorado Springs alimony modification is one of the most common petitions filed, the law can be quite complex. For this reason, it is important to work with a well-qualified Colorado Springs divorce lawyer.
As any family attorney will tell you, alimony is not something one should expect from a divorce, but it is wise to learn as much about it as possible before entering a Colorado family courtroom. If you are unsure about whether your situation qualifies you for alimony or spousal support, it makes sense to work with a Colorado Springs family lawyer.
Alimony is a court-ordered amount of money that one spouse pays to the other, to keep them living in the style to which they’ve become accustomed. Traditionally, alimony payments were made to the wife by the husband, but depending on circumstances it can also be awarded to the husband by the wife.
If you hear the phrase “alimony pendent lite”, it refers to payments made by one spouse to the other prior to the final divorce decree. Unlike child support, it is taxable income for the recipient and tax deductible for the payer.
Who is entitled to alimony?