Spousal support is undoubtedly one of the biggest causes of concern during a divorce.
Whether both partners worked outside the home or one was earning significantly more money during the marriage, spousal support is designed to ensure the lower-earning individual can still pay their monthly expenses. It also aims to help them maintain the lifestyle they had during the marriage.
Unsure about spousal support in Colorado and how the process works? We’re here to help.
What is Spousal Support?
In Colorado, there are a few terms used interchangeably to represent spousal support. These include spousal maintenance and alimony.
As you navigate the new terrain of divorce, it’s important to understand the various terms and their specific meanings. In this scenario, these three terms (spousal support, spousal maintenance, and alimony) all mean the same thing — the money one ex-partner pays the other after the divorce is finalized (or throughout the process).
Typically, the higher-earning spouse is required to pay the lesser-earning ex-spouse monthly payments. In some scenarios where both spouses work full-time, no spousal support agreement is required. If you own property and other assets, these are taken into consideration during the divorce proceedings as well.
The different types of spousal support in Colorado include temporary, rehabilitative, reimbursement, and permanent. The type of alimony paid will be determined by the judge assigned to the case, whether during the process or after it’s finalized.
Spousal support payments must be made in cash, check, or money order. They can not be paid in the form of property or services or debt repayments.
Marital misconduct may be taken into consideration during spousal support agreements. However, the Colorado statute clarifies that alimony should be determined without regard to marital misconduct (including cheating, emotional abuse, and criminality).
If you and your ex-spouse have children, child support will be calculated including the spousal support you receive as income. Alimony is also taxable income for the recipient and tax deductible for the one paying.
Feeling overwhelmed with everything you need to know about spousal support? Whether you’re the higher or lower-earning ex-spouse, alimony can be stressful to navigate. That’s why having an experienced, professional divorce attorney can make all the difference in the world.
As you navigate these unchartered waters, the Law Offices of Jeanne M. Wilson is here to support your emotional well-being while keeping your financial health top of mind. We have tough conversations so you can focus on your well-being as you start a new phase of your life.
How Long Does Spousal Support Last?
Spousal support in Colorado is different than in other states. Here, the alimony amount and length are determined by how long the couple was married (in months).
For a marriage that lasted three years, 11 months of spousal support would be owed. For a 20-year marriage, ten years of alimony would be ordered by the court. For long-term marriages (over 20 years), alimony is often ordered to be paid for life.
In Colorado, if the ex-spouse receiving alimony support gets remarried, spousal support payments will be terminated. Say you were married for five years and have made one year of alimony payments to your ex. Should your ex-spouse get remarried, the alimony requirement will stop immediately, even if you haven’t completed the required amount of alimony payments as ordered by the judge.
Win the Spousal Support You Need by Trusting The Law Office of Jeanne M. Wilson
If you are thinking about separating, divorcing, or having an annulment, then you owe it to yourself to contact the team at our family law firm in Colorado. We know exactly what to expect and we're able to advise you to get through an emotionally draining situation. We remain calm and collected when tempers flare, helping you see things clearly. We're not here to mediate your divorce; we're here to win for you.
