Colorado Family Law Firm

Denver Spousal Maintenance Lawyer

Are You Eligible for Spousal Support or Alimony?

One of the questions that eventually arises when filing for a divorce is whether you will get or have to pay spousal maintenance. However, the answer to that is not that easy and can be complex. Just like most legal matters that are tackled in divorce, spousal maintenance depends on the facts and circumstances of your specific situation. Before a court would award any spousal support or maintenance, the court will divide the marital assets and debts. This must be completed prior to a maintenance award because the division of marital assets and assumption of marital debt affect a spousal support award.

To help you get the answer you need regarding alimony or spousal support, contact the Denver family law attorneys from Schmidt Law Group, P.C. We stand ready to provide you with the dedicated legal services that you need.

What Is The Purpose of Maintenance or Alimony?

Most judges follow and Colorado law states that when you are married, the economic lives of married couples are closely tied. It could be difficult—if not impossible—to determine or separate the respective decisions and contributions of each person in the marriage. Therefore, maintenance has been found to be a tool to equal the footing of both parties after a divorce.

Maintenance/alimony is not proper in all cases. Generally, in a marriage that lasts less than three years, a spouse is not entitled to spousal support or maintenance. Maintenance may be appropriate if one spouse needs the support and the other has the ability to pay the support. The amount and the duration of the spousal maintenance, however, must be fair and equitable to both parties regardless if one party commits a marital misconduct.

Requesting for Spousal Support

First, if one party asks for maintenance/alimony, the court must make certain findings in writing.

These include:

  • Gross income amount of each party
  • The marital assets that were given to each party
  • Source of income or finances of each party
  • Reasonable financial need as established during the marriage

If the court finds that the spouse requesting for spousal maintenance lacks sufficient assets even with his/her share of the marital property to provide for his/her reasonable needs and after determining the issues above, the court can make one party pay for alimony. In case the spouse seeking spousal maintenance is also unable to support him/herself through a stable job or has custody of a child with special needs that make it hard for him/her to seek employment, then a spousal support may be awarded.

Very simply put, if one spouse does not work during the marriage and is not awarded enough marital assets to support him/her, then a maintenance award will be likely. If both spouses work and support the household at a fairly even amount and the marital assets are awarded evenly, there would most likely not be a spousal support award.

Call Schmidt Law Group, P.C. for a Consultation

Determining if you may owe/receive a maintenance award is very fact specific, as you can see. For this reason, it is best to discuss all of the factors above with a competent Denver family law attorney from our firm. Be sure to explain all information that could impact the court decision in either way so we can craft a solid strategy that can help you obtain the outcome that you want and need.

If you need legal advice on spousal maintenance or other issues about your divorce, reach out to Schmidt Law Group, P.C. today at (303) 225-1016.

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