When a couple decides to get a divorce in Colorado, alimony is one of the topics that will need to be addressed. Alimony, which is also known as spousal maintenance, can be awarded to either spouse depending on a variety of factors. We will discuss the different types of alimony that are available, as well as the requirements for spousal maintenance in Colorado. First, you need to understand the different types of alimony available to you in Colorado and what the alimony laws are.
Types of Alimony
In Colorado, there are five different types of alimony that the courts can award:
1. Temporary alimony: This type of alimony is paid during the divorce proceedings and can last up to three years.
2. Permanent alimony: This type of alimony is paid after the divorce is final and can last indefinitely. The court considers many factors when awarding this type of alimony, such as employability, physical health, dependability, and age. It is important to note that although this type of alimony is called permanent alimony, it isn’t always permanent.
3. Rehabilitative alimony: This type of alimony is paid to help the receiving spouse become self-sufficient, allowing them to get used to providing for themselves again and your children if you have them. It can last up to five years.
4. Reimbursement alimony: This type of alimony is paid to reimburse the supporting spouse for any financial contributions made during the marriage, such as paying for the other spouse’s education. It can last up to five years.
5. Separation Alimony: This type of alimony is paid when the couple is separated but not divorced. It can last up to three years. If you reconcile with your spouse then alimony payments will stop.
How Does Alimony Work When You Have Children?
If you and your spouse have children, alimony will not necessarily be awarded. The court considers many factors when deciding how they should award alimony when children are involved and child support is already being paid. When you are awarded alimony and child support, alimony is considered income of the receiving spouse, but this will impact how much child support is owed.
Alimony Laws in Colorado
The alimony laws in Colorado are governed by the Colorado Revised Statutes. The statutes lay out the different types of alimony that can be awarded, as well as the requirements for each type of alimony. For example, temporary alimony can only be awarded if the divorce is granted on the grounds of adultery, abandonment, or cruel and inhuman treatment. Permanent alimony is awarded when the court finds that it is necessary for the support of the spouse. Rehabilitative alimony will be awarded in order to help the spouse become economically independent. Reimbursement alimony is only awarded if the court finds that it would be equitable to do so. Lastly, separation alimony is only awarded if the couple is legally separated but not divorced.
Requirements for Spousal Maintenance
In order to be eligible for spousal maintenance in Colorado, you must meet certain requirements. First, you must be married for at least ten years. Second, you must show that you are unable to support yourself. Lastly, you must show that your spouse is able to support you. If you meet these requirements, then you may be eligible for alimony in Colorado. If you’re curious as to what maintenance payments could potentially look like use this calculator.
However, there are still a few things to keep in mind when it comes to alimony in Colorado. First, alimony is not automatic and must be requested from the court. Second, alimony is not always awarded, even if you meet the requirements. The court will consider many factors when deciding whether or not to award alimony, such as the length of the marriage, the financial needs of both spouses, and the ability of both spouses to support themselves. Third, alimony is often taxed as income, so be sure to speak with a tax professional to see how alimony will impact your taxes.
Alimony in Colorado can be a confusing and complicated topic, but it is important to understand if you are going through a divorce. Be sure to speak with an attorney to ensure that you understand the alimony laws in Colorado and how they may apply to your situation. You should also consider speaking with a financial advisor to ensure that you are able to support yourself financially after the divorce and an attorney that regularly handles alimony cases so they can help you get through the process. With this information and a highly skilled lawyer advocation for you, you can better prepare yourself for your upcoming alimony case.
At Colorado Legal Group, our attorneys’ focus is to make sure you are well informed with everything about your alimony case and take some of the stress off of you. If you have any questions or would like more information about alimony in Colorado, contact us today at (720) 594-7360.