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Maintenance

Spousal maintenance can be a contentious issue for couples going through a divorce. There are often varying beliefs about what one spouse should receive and what the other should have to pay. At Leah Bishop, L.L.C., we help clients in Fort Collins and throughout Colorado obtain fair agreements, whether they are paying or receiving spousal maintenance.

Helping You Achieve Your Maintenance Goals

Spousal maintenance is not automatic, but awarded on a case-by-case basis in Colorado. The courts consider several factors when awarding maintenance, including:

  • The length of the marriage
  • The lifestyle established during the marriage
  • The financial resources of the spouse seeking maintenance
  • The age and physical and emotional health of the spouse seeking maintenance
  • The time needed for the spouse requesting maintenance to obtain training or education for employment

There are two types of spousal maintenance in Colorado, temporary and permanent. Temporary maintenance is paid while the divorce is pending. If you and your spouse have a combined gross income of less than $75,000, a formula will be used to determine whether one of the parties must pay maintenance and the amount. If your combined gross income is more than $75,000, the factors listed above will be used to determine maintenance.

Permanent maintenance is paid after the divorce is finalized. Generally, it is awarded when a couple has been married for a number of years or in situations where one spouse will not be able to obtain employment that will allow him or her to maintain the standard of living that was established during the marriage. The courts have full discretion when making decisions about the amount and length of permanent maintenance.

In some cases, it may be possible to modify existing orders due to substantial changes in either of the party’s circumstances. However, you and your spouse can agree during your divorce that spousal maintenance is non-modifiable, in which case, you will be unable to make any changes.

Our Fort Collins maintenance attorneys will help you understand your rights and options regarding spousal maintenance, including tax consequences. We will ensure that the unique factors in your case are presented accurately to the courts to help you obtain a fair agreement.

Contact a Larimer County Alimony and Spousal Support Attorney

To schedule a free consultation with a lawyer, contact us online or call 970-224-5555.