Temporary Vs. Permanent Spousal Maintenance Orders in Colorado

Spousal maintenance, also known as spousal support or alimony, is ordered by the court to provide financial support to a spouse during and after divorce.  These orders for maintenance can be temporary or permanent, depending on many factors. In some circumstances, a judge may not even award alimony if each party’s circumstances are similar. If you have questions regarding spousal maintenance in your divorce, the matter is best discussed with a Broomfield alimony attorney at Danielsen Westhoff, PC. Contact us today to schedule a free 15-minute consultation.

Determining Eligibility for Spousal Maintenance

The purpose of spousal maintenance is to avoid an unfair disadvantage for the lesser-earning or non-working spouse during and after a divorce in Broomfield, Colorado. To receive spousal support, you must request it. Once a party requests spousal support, whether temporary or permanent, the judge will consider whether the requesting party needs the support and whether the paying party can afford it.

Temporary Spousal Maintenance Orders

In many situations, regardless of the final determination, a judge may grant a temporary spousal maintenance order to help ease the initial financial strain of separation if one person would be unable to pay for basic needs without it. A temporary maintenance order typically lasts only until the final divorce decree or permanent order is issued.

Permanent Spousal Maintenance Orders

The description of a permanent spousal maintenance order can be misleading. It is rare for a maintenance order to last indefinitely. A permanent order just refers to the fact that it is the final judgment, in a sense. However, you may file for a modification of support if either party faces significant changes in life circumstances.

Determining Factors for the Duration of Your Spousal Support Order

The eligibility requirements for spousal support are relatively simple. However, the considerations for determining the details of your support order can be far more complicated, including:

• The final division of assets and debts 
• Whether one spouse left the workforce to provide domestic investment to the family
• Each party’s ability to obtain a job to support themselves
• The lifestyle established in the marriage
• The age and health of each spouse
• Duration of the marriage

The determination of spousal maintenance is unique to the details of each case. Generally, you can expect the order to last for about half the duration of the marriage. However, according to the Colorado revised statute for spousal maintenance, this rule applies to marriages that last at least three years up to twenty.

Permanent Spousal Maintenance Orders Outside of the Three to Twenty-Year Duration

If the statutes address guidelines for marriages lasting three to twenty years, what happens for marriages lasting less than three years or more than 20 years? The courts make the argument that a marriage of less than three years is easier to separate back into your previous lives, and that the financial disparity is less likely to be as dramatic.

For those who have been married for more than 20 years, the courts can follow the typical maximum guidelines or assign an indefinite term to the support order. Open-ended durations can happen when the courts consider that the parties are likely to be older, in poor health, unable to obtain adequate income, and may not have a life expectancy much longer than a decade or so.