Maintenance (sometimes referred to as alimony) is designed to provide living expenses for a party who is not able to fully support themselves after the filing of a divorce action. On January 1, 2014, specific guidelines were implemented by the Colorado legislature to assist judges when awarding maintenance to a party. This new legislation applies to all cases filed after January 1, 2014.
While the maintenance formula provides a guideline for judges to assess maintenance, the court can also consider other factors when awarding maintenance. The court must consider the following factors:
- The financial resources of the party seeking maintenance, including marital property apportioned to that party, and the party’s ability to meet their needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
- The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party’s future earning capacity;
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of the spouse seeking maintenance; and
- The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.
(C.R.S. 14-10-114)
If a party is underemployed or works part-time, the court may impute a monthly income higher than what the party actually makes, in order to fairly assess a maintenance award. This can quickly complicate calculating a maintenance award. The lawyers at Danielsen Westhoff, PC in Broomfield are very knowledgeable as to all aspects of Colorado maintenance laws and will advocate to get you what you deserve.
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If you believe that you are owed maintenance or, conversely, if you believe that you will be required to pay maintenance, contact the attorneys at Danielsen Westhoff, PC, to set up a consultation.
