How Long Do You Have to Pay Spousal Support?

While the Colorado courts consider child support a legal obligation in any divorce involving children, spousal support (alimony) isn’t automatic in Colorado divorces. Instead, one spouse has to petition the court to request spousal support. The court considers the individual circumstances of each divorce case before approving a request for spousal support and awarding support to one spouse. The individual circumstances of the marriage also determine how long one spouse has to pay spousal support to the other.

Temporary vs. Permanent Spousal Support In Colorado

Before considering the duration of a spousal support order, it’s important to understand the two types of spousal support orders in Colorado separation and divorce cases. When spouses separate and decide to pursue a legal separation or a divorce, one spouse typically leaves the marital home. In these cases, separating one household into two may leave one spouse at a significant economic disadvantage, especially if there is a discrepancy in their income levels. A lower-earning spouse who faces immediate financial hardship may file a request for temporary spousal support. Colorado divorces take at least 91 days to meet the state’s required waiting period. Most divorces take significantly longer to complete. A temporary order only lasts through the divorce process and ends with the final divorce orders.

Permanent spousal support orders are those included in the final divorce decree. Depending on the circumstances of the case, a judge may terminate the temporary order and issue a permanent one or may decide to end the temporary order and not issue a permanent spousal support order.

Is a Permanent Spousal Support Order In Colorado Forever?

Some divorcing spouses express concern over the term “permanent spousal support.” In Colorado, permanent spousal support does not mean an order is endless. Instead, it means the order is part of the permanent divorce orders issued by a judge during the dissolution of the marriage. 

Spousal support orders are seldom actually permanent—or lasting for the remainder of the divorced spouses’ lives. A judge may issue ongoing alimony only if one spouse is unable to return to the workforce due to age or medical condition.

How Long Does a Permanent Spousal Support Order Last?

Spousal support orders in Colorado result either from the spouses’ settlement agreement formed between the divorcing spouses and their Fort Collins spousal support lawyer or it may be ordered in court by a judge in a contested divorce. A judge may issue spousal support orders if one spouse earns less income than the other, will suffer a substantial change in their accustomed lifestyle, or may experience financial hardship. Spousal support orders are often included in a divorce if one spouse left the workforce during the marriage in order to care for the children and home or if they put their own career goals on hold to support the other spouse’s education and career advancement.

Most spousal support orders in Colorado are for a specific duration. The length of the order depends on an estimation of the amount of time it would require the lower-earning spouse to become self-sufficient by increasing their education or job training, returning to the workforce, or increasing their working hours. A common formula used by Colorado judges to estimate the duration of a spousal support order is to require spousal support paid from the higher-earner to the lower-earning spouse for half of the length of the marriage. For example, after a 10-year marriage, a spousal support order may last about five years.