Losing a job is stressful enough on its own. When you’re also responsible for paying alimony, officially called “spousal maintenance” in Colorado, that stress can multiply fast. If you suddenly can’t afford alimony, you may feel trapped between your financial reality and your court-ordered obligations.
The good news? You have options. If you’re struggling to keep up with alimony in Colorado due to job loss, here’s what you need to know — and the steps you can take to protect yourself legally and financially.
What Is Alimony in Colorado?
Before diving into solutions, it’s important to understand what alimony in Colorado really involves. Alimony is financial support that one spouse pays to the other after a divorce. Courts typically award spousal maintenance to help the lower-earning spouse maintain a similar standard of living after the marriage ends.
When alimony is ordered, the amount and duration are based on several factors, including:
- Each spouse’s income and financial resources
- The length of the marriage
- The lifestyle enjoyed during the marriage
- The age and health of both parties
Once a court orders alimony in Colorado, it becomes a legal obligation. But what happens if your financial situation changes dramatically — like losing your job — and you can’t afford spousal maintenance anymore?
Losing Your Job Doesn’t Automatically Cancel Alimony
Many people are surprised to learn that job loss does not automatically end or reduce alimony in Colorado. Even if you have no income, you’re still legally required to make payments unless the court modifies the original order.
Ignoring your alimony obligation can have serious consequences, including:
- Wage garnishment
- Contempt of court
- Damage to your credit
- Possible jail time for failure to comply with a court order
If you can’t afford spousal maintenance anymore, the key is to take action — and fast.
Filing for a Modification of Alimony in Colorado
The most effective way to address the issue is to request a modification of your alimony in Colorado. Courts understand that life changes, and Colorado law allows for the modification of spousal maintenance if there has been a substantial and continuing change in circumstances.
Job loss usually qualifies — but you must prove that the loss is significant and not temporary.
To request a modification, you’ll typically need to:
- File a Motion to Modify Maintenance: This formal request must be filed in the same court that issued your original divorce decree.
- Provide Proof of Job Loss: Documentation like termination letters, unemployment benefits records, and updated financial disclosures will help show the court that your inability to pay is genuine.
- Demonstrate Good Faith Efforts to Find New Employment: Courts want to see that you’re actively trying to improve your financial situation. Keep records of job applications, interviews, and networking efforts.
If granted, a modification can lower your monthly payment or even suspend it temporarily until you regain employment.
Temporary vs. Permanent Modifications
In some cases, if you can’t afford spousal maintenance anymore because of job loss, the court may approve a temporary modification. This could mean reducing or pausing your alimony payments for a set period, giving you time to find new work.
If your job loss leads to a long-term change in your financial situation — for example, if you have to switch to a lower-paying career — you may be eligible for a permanent modification of your alimony in Colorado.
Either way, it’s important to get the modification approved by the court. Even if your ex-spouse agrees to a change informally, without a court order, you’re still legally responsible for the original amount until it’s officially modified.
What If the Court Denies Your Modification?
If your request to modify alimony in Colorado is denied, you’re still obligated to pay the original amount. However, you might explore other options:
- Negotiate Directly With Your Ex-Spouse: If you can’t afford spousal maintenance, your ex may be willing to agree to lower payments outside of court. You’ll still need to formalize any new agreement through the legal system.
- Seek a Payment Plan: Some courts allow you to set up a temporary payment plan or pay in installments until you can resume regular payments.
- Consider Bankruptcy: Although bankruptcy doesn’t discharge spousal maintenance obligations, it might relieve you of other debts, freeing up funds to meet your alimony obligations.
Proactive Steps to Take After Job Loss
If you recently lost your job and can’t afford spousal maintenance anymore, don’t wait for the problem to get worse. Here’s what you should do immediately:
- Contact an Attorney: Alimony in Colorado is a complex issue, and an experienced family law attorney can help you navigate the process of filing for modification or negotiating new terms.
- Keep Paying What You Can: Even if you can’t make the full payment, continuing to pay something shows good faith to the court.
- Document Everything: Keep detailed records of your job loss, job search efforts, financial situation, and any communication with your ex-spouse about alimony.
- Stay Up to Date With Court Orders: Missing deadlines or failing to respond to court communications can hurt your case for modification.
Take Control of Your Alimony Obligations
Facing job loss while managing alimony in Colorado is challenging, but it doesn’t have to derail your financial future. At Colorado Legal Group, we know how to help. Our experienced family law attorneys can guide you through the process, protect your financial future, and fight for a fair outcome.
Don’t wait for the situation to get worse. Contact us today to discuss your options for modifying your alimony in Colorado and get the support you need to move forward.