Spousal Maintenance

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Spousal Maintenance:

You have probably come to this site because you are curious as to whether or not or how much you or the other party will have to pay in maintenance. There are provisions in Colorado laws to provide for Spousal maintenance, formerly known as “alimony.” If you have been married and are seeking separation or divorce, you may need to consider maintenance. If your income is different from that of your spouse, you may be entitled to, or required to pay, spousal maintenance. As the length of your marriage goes up and the difference in earnings of the spouses grows, the probability of maintenance increases drastically. Wessels & Arsenault, LLC and its Colorado Attorneys are equipped to address the issue of maintenance if it is to be an issue in your case. We will not let you pay more than you owe, nor receive less than you are entitled to under the law. Further, if you are owed maintenance, we can help bring the other party into compliance with the order of the court.

Different types of Maintenance:

There are two basic types of Maintenance in Colorado, temporary and permanent.

Permanent Maintenance: “permanent” does not mean “forever,” typically, despite the name, there is still a set term for which maintenance is to be paid. This “permanent” maintenance is issued as part of the permanent orders, which ultimately should be the final property orders in regards to your divorce or separation.  For an order of Permanent Maintenance, the spouse asking for maintenance must generally show:

  • Lacks sufficient property, including marital property apportioned to him or her, to provide for his or her reasonable needs; and
  • Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
  • If the above two are found, then the court may award Maintenance as the court deems just based on several other factors:
    • The financial resources of the party seeking maintenance, including marital property apportioned to such party, and the party’s ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
    • The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party’s future earning capacity;
    • The standard of living established during the marriage;
    • The duration of the marriage;
    • The age and the physical and emotional condition of the spouse seeking maintenance; and
    • The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.

(Click HERE to read Selected Colorado Statutes)

Temporary Maintenance:

If the combined annual income of the parties is more than $75,000, temporary maintenance is determined by the same criteria described above. If the combined annual income of the parties is $75,000 OR LESS, then the court uses a presumptive formula from the statute: “The monthly amount of temporary maintenance in cases in which the parties’ combined annual gross income is seventy-five thousand dollars or less shall be equal to forty percent of the higher income party’s monthly adjusted gross income less fifty percent of the lower income party’s monthly adjusted gross income. If the remainder of such calculation is the number zero or a negative number, the presumption shall be that temporary maintenance shall not be awarded. If the remainder of such calculation is more than zero, that amount shall be the amount of the monthly temporary maintenance.”

(Click HERE to read Selected Colorado Statutes)

Where we practice: We serve clients in family law matters throughout the Denver metro area. A Colorado based firm, we serve most of our clients in the counties of Adams, Jefferson, Arapahoe, Boulder, Denver and Douglas, amongst others near the metro area. This includes cities such as Louisville, Broomfield, Arvada, Golden,  Boulder, Longmont, Thornton, Lyons, Aurora, Denver, Littleton, Englewood, Evergreen, Commerce City, Federal Heights, Gunbarrel, Lakewood and other metro cities. While we normally service these areas, depending on the type and complexity of the matter, we have the ability to take cases across the state, especially in areas east of the Divide.

We pride ourselves on the ability to remain flexible and to act quickly; we also are able to generally offer same day or next-day appointments. We make ourselves as available as possible to help keep moving forward on your issues. Because this ability may be hindered somewhat by travel time outside of our normal reaches, we will evaluate your matter from a logistical standpoint and try to arrive at a solution that can work for both of us. [gravityform id=1 name=ContactUs With An Email] LEARN MORE ABOUT OR OTHER FAMILY LAW PRACTICE AREAS.

Wessels & Arsenault, LLC
390 Interlocken Crescent #350
Broomfield, CO 80021