In many marriages, one spouse works outside the home while the other spouse takes on the majority of the domestic duties. The working spouse’s ability to focus on their career is often enabled by the homemaker spouse’s contributions. If the marriage ends, the homemaker spouse may be awarded spousal maintenance during a divorce to help them transition to a new life.
Stahly Mehrtens Miner LLC is the premier team of Boulder family law lawyers to help individuals during their time of transition. Contact our Boulder spousal support lawyer today to schedule a spousal maintenance consultation online or by calling 303-797-2900.
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Understanding Spousal Maintenance
Is Spousal Maintenance Mandatory in Boulder Divorces?
What Counts as Income for Spousal Support?
How Is Spousal Support Calculated in Boulder?
Our Boulder Spousal Support Lawyer Can Help You
Understanding Spousal Maintenance in Colorado
In Colorado, spousal maintenance (sometimes called alimony or spousal support) is a payment made by one spouse to the other during or after a divorce. Typically, maintenance is awarded to the lower-earning spouse to help them transition to self-support after the divorce.
The amount of maintenance awarded can be determined in two ways. One way is for the spouses to come to a fair agreement on their own. The court will still need to approve the amount, but this method allows the couple to have more of a say in the process. If the couple cannot come to an agreement, the other way to determine the amount of maintenance is for the court to decide.
When the court is tasked with determining spousal maintenance amounts, they will take several factors into consideration. If a couple has been married for less than three years, longer than 20 years, or has a combined gross income of more than $360,000, the court will use a formula to determine an amount based on equitable distribution.
If the marriage lasted at least three years, and both parties have a combined gross annual income of $240,000 or less, the court will use the following factors to help determine a fair amount:
- The duration of the marriage
- The financial needs established during the marriage
- The distribution of marital property
- The actual or potential income produced from separate or marital property
- The current income, employment, and potential employability of both parties
- The need and duration of education for the lower-earning party
- The financial resources of each party
- The ability to independently meet one’s own needs
- The age and health status of each party
- And more
It is important to note that spousal maintenance, in most cases, is not permanent. Its purpose is to help the recipient spouse to gain independence and become self-supporting. Usually, maintenance will be terminated if the recipient spouse remarries before the agreed-upon date of termination of support.
Why Is Spousal Maintenance Important?
Spousal maintenance is important because it provides the homemaker spouse with regular payments that can help them establish their independence after their divorce. Depending on the amount of spousal maintenance established by the court and the guidelines, the homemaker spouse may have enough time to seek an education or find work that allows them to take care of themselves in the future. Spousal maintenance may be ordered on a temporary basis, while the divorce is ongoing, or it may be ordered indefinitely. A divorce lawyer in Boulder can provide you with the legal guidance you need during this time.
Is Spousal Maintenance Mandatory in Boulder Divorces?
Spousal maintenance is not mandatory during the divorce process in Boulder, CO. If both spouses involved in the divorce proceedings can support themselves, the Judge may not order either party to pay spousal maintenance. Generally, spousal maintenance in Boulder is reserved for a spouse who does not have the ability to support themselves because they spent the majority of their marriage as a homemaker.
It is also important to note that spousal maintenance is a separate issue from child support. If you’re navigating child support during your divorce, it’s best to contact a child support attorney in Boulder.
What Counts as Income for Spousal Support?
If spousal maintenance may be an issue in your divorce, it’s important to understand what may count as income for you. Spousal maintenance amounts are based on the income of each spouse. This doesn’t just include salaries, wages, and tips. It also includes:
- Payments from commissions
- Bonuses received
- Dividend payments
- Capital gains paid
- Retirement benefits you received
- Income you receive from rent
- Income and distributions from trusts
- Income from self-employment
- Unemployment payments
- Disability payments
- Monetary gifts
- Prize money
This list is not all-inclusive. Stahly Mehrtens Miner LLC is the premier Boulder spousal maintenance team here to assist others during their time of transition. Schedule a consultation with a Boulder spousal support attorney from Stahly Mehrtens Miner LLC today to learn more.
How Is Spousal Support Calculated in Boulder?
The court will consider several factors to determine whether spousal maintenance should be paid either temporarily or indefinitely. Some of those factors include and may not be limited to:
- Both spouse’s financial means
- Whether the recipient has the means to support themselves
- Whether the payor would be able to meet their own needs while paying spousal maintenance
- The amount of income produced while paying support
- The type of lifestyle the couple lived while married
- Historical earnings of each party
- How long the marriage lasted
- The age of each spouse
- The health of each spouse
- Economic contribution to the marriage of each spouse
- Non-economic contributions to the marriage of each spouse
Our Boulder Spousal Support Lawyer Can Help You
At Stahly Mehrtens Miner LLC, our spousal support attorneys in Boulder can help you navigate the terms of spousal maintenance in your divorce. Our experienced attorneys can protect your rights and help you get a fair outcome so that you can successfully transition into your new life. Contact us today by calling 303-797-2900 or contact us online to get started.