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Does Your Gross Monthly Income Affect the Divorce Process in Colorado?

Updated: 05/29/2024

Est. Reading: 3 minutes

When a couple decides to divorce in Colorado, spousal support or alimony is a common requirement for one party to pay the other. Spousal support or spousal maintenance is the monthly payment made so both individuals can maintain the lifestyle they had while married.

So, how is spousal support calculated? Colorado courts assess each person’s gross monthly income to determine which spouse requires support and what that amount should be.

This post discusses how the court determines what the alimony payment should be, what a gross monthly income entails, and how it can impact the divorce process.

How Monthly Gross Income Affects a Divorce

When determining what alimony payments will look like, The Colorado courts consider the following factors:

  • If the payor can still meet his/her needs while paying alimony
  • Financial resources and opportunities of the individual seeking support
  • Lifestyle maintained during marriage
  • Both individuals’ income
  • Whether one individual has earned more or less during the marriage 
  • Length of the marriage
  • The age and health of each individual

If you are the higher-earning individual in your marriage, you may be required to pay alimony for a period. These are commonplace in scenarios where one spouse works outside the home and the other spouse stays home or works part-time. 

Your gross monthly income will be taken into account during the divorce process, so it’s important to remain financially savvy during the proceedings so you don’t get into any tight spots. Be prepared to make compromises and sacrifices, be frugal, and take the necessary steps to protect your finances at all costs.

If you are the lower-earning individual in the marriage, you will likely be compensated for spousal maintenance. The Colorado courts will determine what the monthly payment will be. We highly recommend working with a divorce lawyer who specializes in spousal support and alimony so you can maintain the lifestyle you had before your divorce. 

Using a Gross Monthly Income Calculator 

Wondering how to calculate monthly income during the divorce process? First, you have to understand what counts as “income” from the Colorado statutes list. Income can include the following:

  • Income from salaries
  • Wages, tips, and commissions
  • Payments received as an independent contractor
  • Bonuses, dividends, and severance pay
  • Rents
  • Royalties
  • Pension payments and retirement benefits
  • Disability insurance benefits
  • Much more here 

Once these factors are taken into account, the courts typically use the following formula:

Take 40 percent of the higher-income individual’s monthly gross income, then subtract 50 percent of the lower-income individual’s gross income. Other factors may contribute to the final amount due each month, but this is a general rule of thumb of what the court will use to calculate spousal support.

Spousal support is never guaranteed and the individual seeking support has to file an alimony request in order to get the process in motion. In Colorado, to receive spousal support, the marriage must have lasted at least ten years.

Other factors that can affect alimony payments are if the couple has children. If child support is ordered to be paid, spousal support is often less but still ordered by the court. 

Throughout the divorce process, the best advice we can give is to remain patient, understanding, and compassionate. Whether or not you have children, divorce proceedings are best handled when both parties are respectful of the other person. With the help of an expert divorce attorney, a solution will be made so you can continue with your life. 

The Law Office of Jeanne M. Wilson & Associates Can Help Navigate Your Divorce

The Law Office of Jeanne M. Wilson & Associates, P.C. has been serving the Colorado Springs area for over 17 years. We advocate for your interests in the areas of divorce, spousal support, child custody, and more. We even offer discounts for military personnel. Schedule a consultation with our family law firm today by calling our office or through our contact form!

The Family law firm you can trust.

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