Spousal Maintenance

Have you been married for more than three years?

Have you earned more or significantly less than your spouse?

Have you or your spouse sacrificed careers or delayed your education to support the other spouse?

You may have to pay maintenance, or you may be entitled to receive maintenance. Maintenance is an economical award paid to the spouse who earned less during the marriage and may not afford the lifestyle provided during the marriage.

Maintenance is calculated according to C.R.S. 14-10-114. The factors considered are:

1. The amount of each party’s gross income;
2. The marital property apportioned to each party;
3. The financial resources of each party, including but not limited to the actual or potential income from separate or marital property;
4. Reasonable financial need as established during the marriage; and
5. Whether maintenance awarded under this section would be deductible for federal income tax purposes by the payor and taxable income to the recipient.

Spousal maintenance is often one of the most contentious issues during divorce. How or why should a divorced spouse remain financially responsible for the other after Divorce?

While the outcomes may be much different through negotiated settlement than litigation and the Court, the important points to keep in mind are that you must address the division of assets first, the receiving spouse must demonstrate an actual need, and maintenance will terminate early if the receiving spouse remarries.

At Divorce In Colorado, we work diligently to negotiate a fair and equitable property settlement and then work creatively to negotiate maintenance based upon needs and ability to pay as the law provides.