Denver Alimony Lawyer 

Factors Influencing Alimony in Colorado

In 2014, Colorado lawmakers developed advisory guidelines for the amount and term of alimony to make maintenance awards more consistent throughout the state. Courts are allowed to deviate from the guidelines, which only apply to parties who have been married for at least three years and have a combined annual adjusted gross income of less than $240,000.

The court may consider the following factors when awarding maintenance:

• The lifestyle of both spouses during the marriage;
• The distribution of marital property;
• Both parties' employability, whether additional training or education is necessary;
• Whether one party has historically earned higher income or lower income;
• The duration of the marriage;
• Whether any temporary maintenance was paid during the pendency of the divorce;
• The age and health of the parties, considering significant health care needs;
• Significant economic or noneconomic contribution to the marriage or the economic, education, or occupational advancement of a party;

The amount of support can be negotiated and agreed upon by the parties involved as long as it is not unconscionable. Additionally, maintenance can permanently be waived, and a party can use the waiver of alimony as a bargaining tool to receive a particular marital asset or some other benefit.

How the Duration of Marriage Affects Alimony Awards in Colorado

Marriages of less than three years generally do not have maintenance awards. For marriages greater than three years, a sliding scale relative to the length of the marriage determines how long maintenance is given. For marriages greater than 20 years, there is no set formula; rather, it is within the discretion of the Court to determine a length of time when maintenance may be paid.

Modifying Alimony: Adjusting to Significant Life Changes

Maintenance is determined case-by-case and ends upon death, remarriage, or as otherwise agreed. However, if one spouse experiences significant changes in income-related circumstances, they may petition the court to modify their existing alimony agreement.

When Does Alimony End in Colorado?

In Colorado, the termination of alimony, also known as spousal maintenance, depends on various factors. Here are the typical circumstances under which alimony ends in the state:

• End of the Term: Alimony is often awarded for a specified duration. Once this period ends, the obligation to pay alimony ceases.
• Remarriage: If the recipient spouse remarries, alimony generally ends. The paying spouse must usually petition the court to terminate the payments, providing proof of the remarriage.
• Cohabitation: Alimony can end if the recipient begins cohabitating with another person in a romantic relationship. This is not automatic and typically requires the paying spouse to file a motion and provide evidence of cohabitation.
• Death: Alimony payments end upon the death of either the paying spouse or the recipient spouse.
• Court Order: Alimony can be modified or terminated by court order. This can occur if there is a significant change in circumstances, such as a substantial change in either party's financial situation.
• Agreement Between Parties: The parties involved can agree to terminate alimony. The court must approve this agreement.
• Full Payment: In cases where a lump-sum alimony is awarded or an agreed-upon amount is paid in full, the obligation ends upon completion of the payment.

Can Alimony be Waived in a Prenuptial Agreement in Colorado?

Yes, alimony can be waived in a prenuptial agreement in Colorado, provided that the agreement meets specific legal standards. For the waiver to be enforceable, the prenuptial agreement must be entered into voluntarily by both parties, with full disclosure of each party’s financial circumstances. Both parties should also have had the opportunity to consult with independent legal counsel. If these conditions are met, the court will likely uphold the waiver of alimony unless enforcing it would cause significant hardship to one party.

How Does Spousal Maintenance Affect Taxes?

As of the Tax Cuts and Jobs Act of 2017, for divorce agreements executed after December 31, 2018, alimony payments are no longer tax-deductible for the paying spouse, and the recipient spouse does not need to report the payments as taxable income. This change affects how both parties might approach negotiations and settlements regarding alimony, as the tax implications can no longer be used as a bargaining tool like before this legislative change.

What Happens if a Spouse Does Not Pay Court-Ordered Spousal Support?

If a spouse fails to pay court-ordered alimony in Colorado, the recipient spouse can take legal action to enforce the order. This might include filing a motion for contempt of court, which can result in penalties for the non-compliant spouse, including fines and even jail time. Additionally, the court may order wage garnishment, where the alimony payments are directly deducted from the paying spouse’s paycheck. Both parties must adhere to court orders to avoid legal complications and additional expenses.

Contact Our Denver Alimony Attorney Today

The Colorado alimony attorneys at The Harris Law Firm have over 250 years of combined experience, are skilled negotiators, and understand how maintenance is calculated in Colorado. Our grasp of family law and spousal support makes us an invaluable resource to any spouse filing for divorce.

Contact The Harris Law Firm today to schedule a meeting with our alimony lawyer in Denver!