Everything You Need to Know About Alimony in Colorado

One of the most commonly contentious aspects of a Colorado divorce is alimony, sometimes called spousal support or spousal maintenance. It’s often a misconception that Colorado courts automatically grant alimony to one spouse in every divorce, but that’s not the case. Unlike the obligation of child support in every divorce involving children, Alimony isn’t an obligation. Instead, the court considers the circumstances of each divorce case to make a decision on alimony in a contested divorce—those in which the spouses and their Fort Collins divorce attorneys cannot agree on an out-of-court divorce settlement agreement.

What Is Alimony?

Today’s Colorado courts more commonly refer to alimony as spousal support. When one spouse makes a significantly higher income than the other, the lower-earning spouse may face a dramatic change in lifestyle or financial hardship after the divorce. Because marriage between two people is also a legal contract, when the spouses break the contract it comes with consequences, including alimony in some cases. In these cases, a judge reviews the full financial disclosures of both spouses to make a determination. An alimony payment is a specific monthly amount of money or a lump-sum payment paid from one ex-spouse to the other after the divorce, typically for a pre-set duration, during which the other spouse can seek employment, more hours, a higher paying job, or further their education to become self-sufficient.

When Do Courts Award Alimony in Colorado?

Judges are more likely to award alimony under specific circumstances, beginning with one spouse earning significantly more per month than the other. The court also considers the financial assets each spouse was allocated during the division of their marital assets. An alimony order in Colorado is more likely under the following circumstances:

• One spouse earns substantially less than the other
• The spouse’s share of the marital assets isn’t enough to balance out their lower income compared to the other spouse
• One of the spouses put their education or career goals aside to care for children and the home
• One spouse put their career goals on hold to support the other spouse’s career advancement
• One spouse financially supported the other through college or grad school to help advance their career
• A spouse has a physical or cognitive disability that prevents them from becoming self-sufficient
• A spouse has aged out of the workforce after a long-term marriage

There are two types of alimony in Colorado, temporary or permanent alimony.

Temporary Vs. Permanent Alimony

A lower-earning spouse may petition the court for temporary alimony during their separation to prevent financial hardship. If the court approves the petition, the other spouse must pay the support until the judge makes a decision on permanent alimony orders during the final hearing. When the courts order “permanent alimony” it doesn’t mean the order is endless, it means it’s the final or permanent order, but usually with an end date or end goal included.

 In some cases, when a judge agrees to a petition for temporary alimony, the spouses are able to reach a settlement agreement with the knowledge that the judge will likely order permanent alimony. A settlement agreement avoids a contentious court battle and saves time, money, and adversarial feelings. Note that if you need to to modify your alimony, reach out to our spousal alimony modification attorney in Fort Collins.

How Can a Colorado Divorce Lawyer Help My Alimony Case?

When spouses face the question of alimony in their divorce, it’s imperative that each spouse seek the guidance of an experienced Fort Collins family lawyer to represent their best interests. Call The Law Offices of Stephen Vertucci, LLC, to hire an attorney who gets results by individualizing a strategy for each client’s unique Colorado divorce case.