How is Spousal Maintenance Determined?
Spousal maintenance is typically paid periodically, ranging from short-term to long-term depending on various factors concerning each spouse.
Courts will determine the following circumstances of both spouses:
- Age: Court-ordered alimony payments are generally intended to be a temporary measure. However, if the dependent spouse is much older, the alimony payments may be permanent.
- Income or potential income: the disparity in incomes between both spouses plays a major role in determining if and how much spousal maintenance is awarded.
- Length of marriage: the longer your marriage, the more likely the chance that alimony will be awarded in a divorce.
- Physical and emotional state: if the dependent spouse is in a poor physical or emotional state, a higher alimony payment may be ordered.
Standard of living during marriage: alimony is intended to provide continuity in terms of standard of living during and following a divorce. If the couple enjoys a high standard of living, there’s a higher chance that alimony will be awarded.
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How Does a Judge Determine the Amount of Alimony?
A Colorado judge will consider multiple factors when determining the appropriate amount of alimony. While based on a set criteria outlined in the Colorado Revised Statues, there is also a calculator designed by the Colorado Judicial Branch that can help to make a rough estimate on the amount and duration of spousal maintenance. In the end, the judge makes the finalizing decision on alimony. The decision is based on the circumstances previously discussed and any other pertinent factors.
Is Alimony the Same as Child Support?
On the surface, alimony and child support may look very similar, but there is a key difference. Alimony is paid to the dependent spouse to ensure that they can maintain a similar quality of life during and after a divorce. The length of alimony payments is generally determined by a judge, but payments end when the spouse remarries. In Colorado, there is no guarantee that a spouse will receive alimony, regardless of their financial situation.
Child support, on the other hand, is automatically designated for the children in a divorce. This money is intended to support the basic needs of the child, including expenses such as food, clothing, and medical care.
Retain Our Denver Divorce Lawyers Today
At Peek Vasquez Family Law, LLC, we have years of experience representing clients in divorces and a range of other family law cases. We understand the intricacies of family law and can thoroughly review your case to determine if your order follows fair guidelines of spousal support. If ever you are unhappy with an alimony agreement, you could seek to modify it. Our Denver divorce attorney is confident at handling all types of divorce matters and can diligently work for your behalf.
Our professional, dedicated, and compassionate family law attorneys in Denver can protect your rights and help you focus on moving forward with your life after completing this process successfully. If you would like to know more, do not hesitate to get in touch with our firm today to schedule your initial consultation.
Contact us today or call us at (303) 495-5757 or (303) 600-5290 and schedule your free consultation to see how we can help you and your family.