Terminating Spousal Maintenance In Fort Collins

Unlike child support, which the Colorado court considers a financial obligation, spousal support (alimony) is not an automatic requirement in every divorce. Instead, the judge considers the circumstances of each marriage and divorce individually before determining if spousal support is appropriate, how much support a higher-earning spouse must pay the lower-earning spouse, and the duration of the spousal maintenance order.  Reach out to our spousal support attorney in Fort Collins to learn more.

A spousal maintenance order in Fort Collins is legally binding and enforceable. Failing to pay court-ordered spousal maintenance results in contempt of court charges with possible fines and jail time. But does this mean there’s never a time when the court will agree to terminate a spousal maintenance order?

When Does a Fort Collins Court Agree to Order Spousal Maintenance?

The court reviews the circumstances and duration of the marriage as well as each spouse’s share of the marital assets before making a determination on a request for spousal support. In Colorado, a judge is likely to agree to spousal support under circumstances such as the following:

• If one spouse will experience financial hardship or a reduction in their accustomed lifestyle after the divorce
• If one spouse cares for small children in the home
• If a spouse puts their career goals aside to care for the home and children
• If one spouse supported the other’s career advancement or education at the detriment of their own
• If one spouse has aged out of the workforce or has a medical or mental health condition that prevents a return to the workplace

Most spousal support orders have a specified duration for the support payments. Typically, this is about half of the length of the marriage, but a judge has discretion in determining the time limit of the order. Often, a judge agrees to spousal maintenance for a reasonable amount of time for the lower-earning spouse to become self-sufficient. Only after long-term marriages or when one spouse cannot join or return to the workforce does a judge issue a permanent spousal maintenance order, which lasts until one spouse’s remarriage or death.

When Will a Court Agree to Terminate a Spousal Maintenance Order Before It Ends?

To request a termination of a spousal maintenance order requires showing sufficient grounds. Acceptable grounds for ending spousal maintenance include the following:

• The receiving spouse has remarried, in which case, the support order automatically terminates
• Either the receiving spouse or the paying spouse has died
• If one spouse is cohabiting and not sharing equally in the expenses

Cohabitation alone is not adequate grounds for terminating a spousal maintenance order in Colorado. The petitioning spouse must show that the cohabitation has improved the receiving spouse’s financial situation. For instance, if the person they cohabitate with pays all of the rent and utility bills and funds a comfortable lifestyle for the ex-spouse.

What Does the Colorado Court Say About Terminating a Spousal Maintenance Order?

Colorado family court law acknowledges that some circumstances justify terminating a spousal support order. The law states the following:

“The court may change maintenance if circumstances have changed so that the current maintenance arrangement no longer makes sense and is unfair. The court will make this decision based on the information you provide.”

How Can a Colorado Divorce Attorney Help?

Requesting the termination of a spousal maintenance order requires filing a motion with the court and providing compelling evidence of a significant change in the spouse’s circumstances that makes continuing payment unfair. Call The Law Office of Stephen Vertucci, LLC for legal representation during this process to maximize your chances of a favorable outcome.