In Colorado, alimony, or maintenance as it is called here, is not awarded in every divorce. However, a court may grant maintenance when there is a financial disparity between the spouses and one party is unable to support themselves. Additionally, the parties may agree to spousal maintenance as part of a separation agreement.
In most cases, spousal maintenance is awarded for a set period of time. It is possible to have maintenance terminated or modified before this period of time expires, however, it is often not easy. To get spousal maintenance reduced, your Colorado Springs divorce lawyer will need to introduce evidence that there is a substantial and continuing change of circumstances that warrants the modification.
At Ascent Legal Group, we are committed to providing the highest quality legal representation to clients on a range of family law matters, including divorce, legal separation, and modification of spousal support. We offer strategic legal advice that is designed to help you make an informed choice about how to move forward with your case. To learn more or to schedule a free 30-minute consultation with a Colorado Springs divorce attorney, reach out to our law firm today.
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Understanding Spousal Maintenance in Colorado
Divorce typically involves figuring out multiple financial issues. In most cases, this involves the division of marital property. Depending on the facts of your case, it may also include an award of spousal maintenance – or alimony – and/or child support.
Types Of Spousal Maintenance
There are two kinds of alimony in Colorado. Temporary spousal maintenance is paid during the duration of the divorce proceedings. Permanent alimony is paid for a set period of time (not indefinitely in most cases).
Factors Considered For Maintenance
In Colorado, alimony is not automatically awarded. It may be granted in some divorces based on consideration of multiple factors. This includes:
- The distribution of marital property;
- Actual or potential income from separate or marital property;
- Financial resources of each party;
- Reasonable lifestyle and financial needs established during the marriage;
- Reasonable ability for each party to independently meet their own reasonable needs;
- Historical earnings of the parties;
- Income, employment, and employability of the parties;
- Duration of the marriage;
- Age and health status of each party;
- Need and duration of education for lower lower-earning party;
- Amount of temporary maintenance and number of months paid (if any);
- Significant economic or non-economic contributions to the marriage; and
- Any and all other relevant factors.
Alimony is usually awarded in cases where the parties have been married for at least 3 years (from the date of marriage to the date of the divorce or legal separation decree). It is possible for spousal maintenance to be awarded for a shorter marriage, although that usually only happens when there is a compelling reason.
If alimony is granted as part of a divorce or legal separation, the court will determine both the amount of spousal maintenance and the duration. The amount is determined based on a formula for the amount of maintenance and the duration of maintenance.
How Maintenance Is Calculated
To determine the maintenance amount for situations where the spouses’ combined income is $240,000 a year or less, the court will first determine the spouse’s monthly adjusted gross income (AGI). It will then apply a multiplier to determine the maintenance amount.
Next, Colorado judges will apply a different formula to determine the duration of spousal maintenance for marriages between 3 and 20 years. The length of the marriage is applied against a multiplier that increases based on the duration of the marriage. This number determines the length of time that a spouse will receive alimony.
For example, at 36 months of marriage, the multiplier is 31%, so alimony will be for 11 months. It gradually increases to a maximum of 50% at 150 months of marriage. After 20 years, the guidance is that the maintenance should be awarded either for a specified term or an indefinite term.
Importantly, these formulas are advisory. In some courtrooms, they are just a starting point for judges. If you believe that spousal maintenance may be a factor in your divorce, our Colorado spousal maintenance attorneys can help you figure out whether alimony may be granted, and if so, the likely amount and duration of the award. If you’d rather work out a settlement on your own with your ex, we can work to draft an agreement that addresses division of property, alimony, and other issues.
Modifying Spousal Maintenance in Colorado
Before modification can be considered, it is important do determine if your maintenance is modifiable or contractual and non-modifiable. When spousal support is set by a judge, then it may be possible to modify that maintenance, pursuant to Colorado law. If the parties agree to spousal maintenance as part of a settlement agreement, then the maintenance may or may not be modified based on the terms of the contract. If the maintenance is contractual and non-modifiable, modification may not be possible. It is important to have an experienced attorney review your separation agreement to see whether your maintenance can be modified.
When Maintenance Can Be Terminated
If your spousal maintenance is modifiable, it may be terminated in certain situations. Those include:
- The death of either party;
- The end of the maintenance term;
- The remarriage or civil union of the party receiving marriage; or
- A court order terminating maintenance.
While the parties may agree to different terms in a settlement, generally, when ordered by the court, spousal maintenance will end if any of these events occur. For example, if you are paying your ex $1,200 a month in spousal support and they marry someone else, then your obligation to pay maintenance will end when they get remarried.
When Maintenance Can Be Modified
If your spousal maintenance is not contractual, then it may be modified based upon a showing of changed circumstances that are “so substantial and continuing as to make the terms unfair.” Unlike modification of child support, this law does not contain more specifics that would more clearly define when spousal maintenance can be modified. Instead, the party seeking the change would have to meet the evidentiary burden of a substantial and continuing change in order to get a modification.
For example, consider a situation where the paying spouse loses their job. If the job loss is temporary, then they probably cannot prove that the change is of a long enough duration to warrant modification. However, if that same person lost their high-paying job because they were convicted of a crime and will probably not be able to get the same level of employment in the future, that might be a change that is both substantial and continuing enough to allow for modification.
Job loss or a pay cut is a common reason why a person might seek a modification of spousal support. Typically, the reduction in income would have to be large enough (such as 20%) to warrant a modification. A smaller pay cut (of 3%, for example) wouldn’t be sufficient.
A paying spouse also can’t just choose not to work or to make less money to avoid paying alimony. Voluntary unemployment or voluntary underemployment is not a valid basis for modifying spousal maintenance. Instead, the court will likely impute income to the paying spouse based on their earning potential.
Although maintenance is rarely awarded for a lifetime, it may be possible in some situations. However, once the paying spouse reaches retirement age, the amount of maintenance will likely be modified. The modification may be built into an agreement or may be ordered by a court upon a petition for modification.
There are other situations where the paying spouse might request a reduction in the amount of maintenance. For example, if the recipient spouse moves in with someone, but does not marry them, it may warrant a modification of maintenance. This won’t happen automatically, but a court may review the maintenance award and agree that a reduction is necessary based on the receiving spouse’s lower monthly expenses.
If a court does decide to modify an alimony award, the order will not be retroactive. Instead, the modification will apply to payments that were due after the date that the motion to modify maintenance was filed.
How to Modify Spousal Maintenance
To modify or terminate spousal maintenance, the spouse requesting the change will need to file a motion or stipulation with the court. Generally, a motion is filed when one party is requesting a change. If both parties agree that the spousal maintenance should be modified or terminated, then they will file a stipulation.
This motion will include the basic details of the underlying divorce case, including the date that the decree was entered and the terms of the spousal maintenance. It will then explain the change in circumstances that warrants the modification. Finally, the motion will request that maintenance either be terminated or modified in a specific way (i.e., from $1,000 a month to $750 a month).
The motion and accompanying order for the judge to sign will then be filed with the court. You will have to pay a filing fee and mail a copy of the paperwork to your ex. The court may then schedule a hearing to determine whether or not to modify maintenance.
While it is possible to request a modification of spousal maintenance on your own, it may not be successful. Colorado law does not have a defined standard for modification beyond a substantial and continuing change in circumstances. You will have to provide evidence to convince the court that modification is warranted based on the unique facts of your case.
A Colorado family law attorney can analyze your divorce decree, settlement agreement, and any other relevant documents in your case. They will then offer you legal advice on the likelihood of having your spousal maintenance modified. If you decide to move forward with a petition, your lawyer can draft the motion, gather supporting evidence, and make arguments to the court in support of the modification.
Alimony is designed to ensure that one spouse is not financially devastated in the wake of a divorce. Yet circumstances can and do change over time, which sometimes necessitates a modification in spousal support. If you believe that your spousal maintenance obligation should be changed, we can help you make a strong argument in support of your motion.
Looking to Modify Your Spousal Maintenance? Reach Out for a Free Consultation.
When an alimony award is entered by the court, it is based on the circumstances of the parties at the time. Over the years, it is possible that the financial situation of one or both parties will change. This may warrant a modification of spousal support. If you believe that your spousal maintenance order should be changed, we can help.
Based in Colorado Springs, Ascent Legal Group offers top-notch legal representation to individuals and families in divorce and related family law matters throughout the region. We know that Colorado law on spousal maintenance is complex, which is why we strive to help our clients understand their rights and options so that they can decide how to proceed, including by filing a request for a modification of maintenance. Reach out to our law offices today at 719-625-8951 or fill out our online contact form to schedule a free 30-minute consultation with an experienced Colorado divorce lawyer.