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How Colorado Courts Analyze Spousal Maintenance Awards

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A spouse is considered to be paying alimony to their spouse in the case of separation or divorce. In Colorado, the courts take multiple factors into consideration in order to determine if spousal maintenance is appropriate, how much that maintenance should be, and how long that maintenance is ordered.

This process is effectively the state of Colorado making sure that the outcome in post-marriage life is fair and balanced and that the spouses may retain their lives and financial well-being post-marriage. 

In the Denver suburban city of Broomfield, many people reach out to an experienced Broomfield alimony lawyer in situations involving spousal maintenance issues. They are aware of the practice in local courts and can best advise clients with regard to Colorado family law issues. 

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What Colorado Law Provides Regarding Spousal Maintenance

The Colorado Statutes provide judges with broad discretion with regard to whether or not to award spousal maintenance, but there are many criteria that judges base that decision on in the law. 

Not all divorce cases include an award for maintenance; most commonly, it is based on the need for support and the ability to pay. The main purpose of the court with spousal maintenance is to provide reasonable support for a spouse who will not be fully self-sufficient after the divorce. 

Factors Courts Will Consider in Deliberating Maintenance

When determining spousal maintenance, Colorado courts will take into consideration the following points:

1. The financial resources of the person seeking maintenance, and how that person will support themselves.

2. The amount of time that would be required for a spouse to acquire an education or training to find a job.

3. The standards of living established during marriage.

4. The number of years married, the ages of both spouses, and the state of health of both spouses.

5. The contribution of each spouse to the marriage, whether as a homemaker or by supporting the other spouse's career.

How do the Courts Decide Maintenance Amount and Duration?

Rather than fixed parameters, Colorado courts examine each case individually. They may order temporary maintenance or permanent maintenance. In general, longer marriages lend themselves to more prolonged awards of maintenance. 

Smaller marriages generally lend themselves to a minimum or no maintenance award. The court will take into consideration whether the maintenance-supported spouse can increase earnings through education or job training.

What Can the Residents of Broomfield Do?

Understanding these processes allows the people of Broomfield to adjust their expectations regarding spousal maintenance. If you are dealing with a potential spousal maintenance scenario, we would advise you to reach out to an alimony lawyer as soon as possible. 

An alimony lawyer can give you valuable advice specifically tailored to the habits of local courts and your specific situation.

Key Points

  • Colorado courts consider specific factors for the consideration of the suitability of spousal maintenance.
  • Spousal maintenance intersects the needs of one spouse and the fairness for both spouses.
  • The amount and duration of maintenance are impacted greatly by the length of marriage. 
  • The legal knowledge provided by an alimony attorney will help with preparation and understanding.
  • Every maintenance award will be different and is based on the uniqueness of the couple's circumstances.
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Chris Bates

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