Alimony in Colorado is a lot like alimony in other states. We call it maintenance, but it’s the same principle: It’s money that one spouse pays the other so the receiving spouse can get back on his or her feet.
But how does alimony in Colorado work, and will you pay it or receive it?
Alimony in Colorado can be a little complicated. For most people, it makes sense to work with an attorney who understands all its specifics. The law that governs alimony in Colorado – 14 C.R.S. 14-10-114 – requires courts to look at the combined annual gross income of both parties. That’s the money that both spouses make, together, before taxes each year.
If a couple’s annual gross income is under $75,000, the court will follow a specific alimony formula.
This is how the court determines how much alimony – if any – should change hands:
40 percent of the higher income – 50 percent of the lower income = the award
However, the court will only award alimony if the difference doesn’t exceed 40 percent of the couple’s combined income.
Here’s how it works in real life. Let’s say the higher-earning spouse makes $50,000 per year and the lower-earning spouse makes $15,000 per year:
40 percent of $50,000 is $20,000. That’s the higher amount.
50 percent of $15,000 is $7,500. That’s the lower amount.
Then:
The couple’s combined income is $65,000.
40 percent of the couple's combined income is $26,000.
That means the difference doesn’t exceed 40 percent of the couple’s combined income, and the court can make an alimony award. The court will also consider the monthly adjusted gross income of each party when it makes a determination.
If a couple makes more than $75,000 per year, alimony is a little different. The court will only decide to award alimony if it finds that:
In a case like that, the court will decide how much alimony is appropriate based on several factors. The factors the judge will consider for alimony include:
When you’re talking about how long alimony in Colorado lasts, it’s called duration of the award.
The duration of the award, in many cases, is 31 percent of the length of the marriage plus 1.17 percent for each month after 3 years. (This is where things can get a little complicated, but your lawyer will figure it out for you.)
However, in other cases – like for marriages that lasted more than 20 years – the court will determine the duration of the award based on other factors.
Under the law, alimony isn’t attached to marital misconduct. That means when it comes to awarding alimony, the court won’t take cheating into account. However, in some cases, the court can – like when your spouse cheated on you and spent all your family’s money on his or her new flame.
If you’re filing for divorce, or if your spouse has already filed, we can help you. We’ll be happy to answer your questions about alimony in Colorado, child support, custody and any other issues related to your divorce – and we’ll fight hard to make sure you’re treated fairly every step of the way.
Call us at 970-488-1887 for a divorce consultation with a Fort Collins divorce lawyer right now.
Like other assets, businesses owned by divorcing spouses may be subject to the rule of equitable distribution in divorce. If a business is considered marital property, it will need to be valued to determine its worth so that a fair division of assets can be made. In general, a business that one or both spouses […]
When married couples split up, dividing assets is often one of the most sensitive and contentious issues they face. Can you divorce without splitting assets? Not every asset that you own is subject to division, so, yes, you may be able to divorce without splitting all of your assets. If there is a particular marital […]
Can Marijuana Use Affect a Divorce Case? With the legalization of marijuana for recreational use in Colorado, there has been increased research into the effects of the drug – including its effects on marriage. If your spouse uses too much marijuana you may wonder, Is smoking pot grounds for divorce? If you are concerned about […]
Social media is a regular part of life for many people. That also means that social media can affect your divorce. For regular users, we check on what friends are up to and learn about local events. We post about our trips, our pets, our favorite restaurants or cooking accomplishments, about our kids’ achievements. Some […]
