Will one party owe spousal support to the other? How is spousal support calculated?

Spousal support is the more modern term for alimony. In Colorado, the courts use the term maintenance, because the purpose of the statue is to provide a means for a spouse with less income to “maintain” more or less their standard of living from their marriage for a period of time, typically dependent on the duration of the marriage. C.R.S. 14-10-114. In determining maintenance, the court will consider a number of factors including, the parties’ standard of living before the marriage, the resources of the party seeking maintenance, the time necessary to gain education or training to increase their earning capacity, age of the spouses, the physical and emotional condition of the spouse seeking maintenance, and the other spouse’s ability to pay.

 

Like most aspects of Colorado family law, maintenance awards are not a punishment or reward for one parties’ behavior during the marriage or the divorce. Instead, the purpose is equal distribution of assets so that the parties can move on and eventually live entirely independently. Maintenance can be a complicated issue as it can be one of the more difficult aspects of a divorce to estimate precisely. This is because it is very dependent of on the judge’s exercise of discretion. This is also an area where spouses can have a fair amount of flexibility during settlement discussions. Thus, it is a great idea to consult an attorney about your prospects for either receiving or paying maintenance.

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