Spousal Maintenance

Spousal maintenance issues have evolved over the last several decades, but maintenance (formerly known as spousal support or alimony) is still one of the most contentious aspects of a divorce. If maintenance is an issue in your divorce, an experienced family law attorney is essential.

Numerous factors affect spousal maintenance, including the length of the marriage, the income of either spouse, the age and health of either spouse, educational background and skills of either spouse, the way in which property is divided, and arrangements made prior to the marriage. Working with a family law attorney who understands Colorado maintenance guidelines and who can educate you fully regarding your rights is one of the most important things you can do during your divorce.

How Is Spousal Maintenance Determined?

There are two basic ways in which maintenance is determined. If divorcing spouses are working toward a settlement in a collaborative manner, a neutral third party or the spouses themselves can make suggestions concerning maintenance. If divorce has proceeded to litigation, the court considers many factors, including those factors listed above, and makes findings as to whether the person requesting maintenance is capable of supporting themselves and/or whether the prospective payor has the ability to pay maintenance. Resolving maintenance issues through mediation is often less expensive than litigation, but understandably, litigation is sometimes necessary.

What is the Difference between Temporary and Permanent Spousal Maintenance?

Colorado divorce laws govern two types of maintenance: temporary and permanent. Temporary maintenance is put in place after a spouse files the petition for dissolution of marriage. It is intended to provide support to a dependent spouse while the divorce proceedings are pending. Permanent maintenance is part of the final divorce decree.

Regardless of whether you are the dependent spouse in need of maintenance or you are the spouse that is responsible for paying maintenance, it is important the agreement be fair for both parties. An experienced divorce attorney helps you determine whether or not a request is fair and will protect your interests at all stages. Attorneys that have an understanding of current trends in Colorado family law are essential when it comes to establishing your position and achieving an outcome that is right for you and in the future.

If you have decided to pursue a dissolution of marriage or your spouse has requested a divorce, you need legal representation. Cline Law Firm understands how complicated divorce can be and they know that issues regarding maintenance can often be highly contentious. If you would like to schedule a consultation or you are ready to discuss the details of your divorce, contact the Cline Law Firm at (303) 376-6269.