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Maintenance also known as support is the term for alimony in Colorado.  Maintenance is money that one spouse pays to help support the other after the filing of a dissolution on either a temporary or permanent basis. Usually, the spouse receiving such support will pay federal and state income taxes on it, and the one making such payments will be entitled to a tax deduction.

Colorado courts order maintenance for either party when the party requesting it lacks sufficient property, including his or her share of any marital property, to provide for his or her needs, and is unable to support himself or herself through work, or has custody of a child and the circumstances are such that the spouse should not be required to seek employment outside the home.

The court decides the amount and duration according to Colorado Statutes – Article 10 – Sections: 14-10-114, 14-10-117. To determine the amount of spousal support, the judge will consider such factors as the standard of living during the marriage, the length of the marriage, and the age, health, earning capacity and job histories of both individuals. A final factor the Court will consider is the ability of the payor to meet his or her own needs while paying alimony.

In Colorado maintenance (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. In Colorado, marital property is divided pursuant to Colorado Revised Statutes, Article. Section: 10, 14-10-113 without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including:

the contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
The value of the property set apart to each spouse;
The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time; and
Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.

Perhaps you need a modification of maintenance?  Since circumstances can change (you could become ill, for example, or lose your job), we can assist you in changing support.

Maintenance can be a complex and difficult issue to litigate on your own. Contact us today for experienced guidance and advice.

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