Colorado Springs Spousal Maintenance

Spousal maintenance provides support for a former spouse indefinitely or for a period of time. Whether a spouse receives maintenance depends on incomes and the length of the marriage, as well as the obligor's ability to pay and the spouse's need for support. It is generally intended to allow a former spouse to become self-supporting, however in long-term marriages where one spouse did not work outside of the home or earned a substantially lower income, the support can be indefinite. A spouse usually becomes potentially eligible for spousal maintenance after a marriage of three years or more.

Maintenance is intended to provide support for a spouse who requires the support based on the standard of living during the marriage. The support can be temporary and rehabilitative or long-term. If a marriage has lasted a long time and one spouse supported the household, he or she may not be in a position to obtain employment. However, with rehabilitative support a receiving spouse who can become self-sufficient can acquire employment skills or academic credentials intended to lead to self-support. Spousal maintenance in Colorado is directed by guidelines, however those guidelines are discretionary with the Court.

Either spouse could receive support. The determination depends generally on income and length of marriage. However because it is discretionary, if a Court decides maintenance then it will consider additional factors such as:

• Each spouse’s financial resources;
• The paying spouse’s ability to support the other;
• The marital lifestyle;
• Property distribution;
• Income, employment, and employability;
• Whether current income differs from historical income;
• Length of the marriage;
• Age and health; and
• Spousal contribution to the other’s educational or occupational advancement.

The formula to determine the amount of basic support involves a monthly payment to the lower earner of 40% of the higher earner’s monthly adjusted gross income minus 50% of the lower earner’s adjusted gross income. However, a Court can modify this amount.

A court can modify spousal maintenance due to a material change in circumstances unless the parties have agreed that it is nonmodifiable. Maintenance generally terminates upon the death of the paying party or the remarriage of the recipient. However, it can be insured with a life insurance policy or Survivor Benefits Plan. This will allow the recipient to continue to receive the payments even after the death of the payor.

Colorado Springs Divorce and family law matters are difficult to navigate alone. The court system is more complex than it should be. We can guide you through the Colorado Springs court experience by handling pleading and motion preparation and filing, negotiation, mediation, and court proceedings from start to finish. This allows you to focus on moving forward to a better future rather than on trying to figure out how the overly complex court system works. Remember that change often creates new opportunity and a better future. Janko Family Law Solutions can help ensure that your best interests are protected. Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.