Understanding Temporary Spousal Maintenance in a Colorado Divorce

Divorce can be a difficult and stressful time for both parties involved. Spousal maintenance, also known as alimony or spousal support, often arises during Colorado divorce proceedings. Temporary spousal maintenance can provide much-needed financial support to a spouse while the divorce is pending. In this blog post, we'll explore temporary spousal maintenance, how it works in Colorado, and what factors a court considers when awarding it.

What is Temporary Spousal Maintenance?

Temporary spousal maintenance is a court-ordered support payment that a higher-earning spouse pays to the lower-earning spouse during the Colorado divorce proceedings. Its primary purpose is to help the lower-earning spouse maintain their standard of living while the divorce is pending. Once the divorce is finalized, the temporary order typically ends, and spousal maintenance may be awarded on a more long-term basis, depending on the circumstances.

Factors Considered by Colorado Courts in Awarding Temporary Spousal Maintenance

Courts consider several factors when awarding temporary spousal maintenance, including the following:

• The income of each spouse, including any income earned from assets such as rental income, interest income, and dividends;
• The health and age of each spouse, including any disabilities or chronic illnesses that may impact their ability to work;
• The financial resources of each spouse, including assets like property, savings, investments, and retirement accounts;
• The length of the marriage, including whether one spouse supported the other through education or a career change during the marriage;
• The standard of living established during the marriage, including the income and expenses of each spouse.
• Who is paying the household expenses, such as the mortgage, insurance, phone bill, etc.

Guideline Amount

Colorado law also requires the court to consider a formula when the parties' combined incomes are $240,000 per year or below. The formula to determine gross maintenance:

Gross Maintenance = 40% of the combined, adjusted gross income?minus?the lesser-earning spouse’s adjusted gross income.

If gross combined income is less than $120,000 per year then Gross Maintenance is multiplied by 80% (0.80) to arrive at Net Maintenance.

If gross income is between $120,001 and $240,000 per year then Gross Maintenance is multiplied by 75% (0.75) to arrive at Net Maintenance.

The rationale behind these percentages is that a party pays more taxes as income increases. In other words, income of $120,000 per year is assumed to be taxed at 20% whereas income above that amount is taxed at least 25%.

Practical Advice for Individuals Going Through a Divorce

If you are going through a divorce and wondering if you are eligible for temporary spousal maintenance, consider speaking with an experienced divorce attorney. They can help you understand the relevant laws in your state and provide guidance on your eligibility and next steps.

Conclusion

Temporary spousal maintenance is an important part of the Colorado divorce process that provides much-needed financial support to a spouse while the divorce is pending. Courts consider several factors, such as income, health, and financial resources, to determine eligibility and a fair amount. If you are going through a divorce and believe you may be eligible for temporary spousal maintenance, speak with an experienced divorce attorney to understand the laws in your state and guide you through the process.

If you have questions about temporary maintenance or other areas of law during a divorce in Colorado, you can find our family law attorneys at www.kalamaya.law or 970-315-2365.