Alimony is a critical but often-misunderstood aspect of divorce law. Even discussing the issue can be fraught, and trying to parse through the law while you’re experiencing a lot of stressful emotions is difficult. That’s why ELK Law believes in compassionately educating our clients so they can get the most out of these difficult situations.
When it comes to alimony, understanding how Colorado’s laws shape these payments can help take the stress out of the equation. From determining how much you’ll need to pay or how much to request to knowing how long you’ll be on the hook or receiving payments, things can get complicated. Read on for some helpful information about alimony in Colorado, and always consult a legal professional for the best guidance.
Alimony Law in Colorado
When it comes to divorce, alimony (or spousal support) is designed to help ensure the lower-earning spouse can maintain a similar standard of living post-divorce. In Colorado, alimony isn’t a one-size-fits-all; it’s meant to provide financial assistance for a spouse who might be at a disadvantage after the split—think of it as a financial cushion to help them get back on their feet.
The foundation for alimony in Colorado is found in C.R.S. 14-10-114, a statute that guides how alimony is determined. This law gives the courts the power to decide whether alimony is necessary and how much should be awarded, based on a variety of factors we will detail further below.
In most cases, alimony is awarded to provide the lower-earning spouse with financial stability, at least temporarily, while they work on supporting themselves in the long term. The goal isn’t to punish the higher-earning spouse, but rather to level the playing field after a major life change.
Types of Alimony in Colorado
There are different types of alimony, each designed to address specific circumstances during and after a divorce. There are two primary types:
Temporary Alimony
- This is the type of alimony awarded during the divorce process.
- It’s meant to support the lower-earning spouse while the divorce is in progress and before a final alimony order is made.
- Temporary alimony can help maintain financial stability while awaiting a more permanent decision.
Permanent Alimony
- Awarded in long-term marriages (typically lasting 20 years or more), where one spouse is unlikely to be able to support themselves due to age, health, or other factors.
- This type of alimony is meant to provide ongoing support as the recipient may never be able to fully support themselves at the same standard of living.
Those two main types of alimony can be further classified into more specific categories:
Rehabilitative Alimony
- Awarded when one spouse needs support while working toward becoming self-sufficient.
- Often granted in shorter marriages where one spouse might need time to get back into the workforce or finish education.
- The goal is to provide a “stepping stone” to a more independent financial future.
Reimbursement Alimony
- This is less common but still important. Reimbursement alimony comes into play in situations where one partner had supported the other with education or training, and now the other partner is reaping the benefits of that investment.
- It’s a way to “pay back” the spouse who helped with financial or educational support during the marriage.
Factors That Impact Alimony Decisions
The court in Colorado takes into account a wide variety of factors to determine what’s fair and reasonable, including:
- Financial Resources: The court looks at the financial resources of both parties—this includes not only income but also their ability to pay alimony. The recipient’s need and the paying spouse’s ability to pay are key factors.
- Distribution of Marital Property: How assets and property are split during the divorce can have an impact on alimony decisions. If one spouse gets the majority of the property or assets, that might influence their need for alimony.
- Income from Property: The income (or potential income) generated by any separate or marital property, like rental income or investments, is considered.
- Lifestyle and Financial Needs: The court will consider the reasonable lifestyle and financial needs that were established during the marriage. If one spouse lived lavishly, the court may seek to maintain a similar standard of living for the other partner post-divorce.
- Income, Employment, and Employability: Both parties’ current income, job history, and potential for future earnings are all important factors. If one spouse has the ability to increase their income but the other doesn’t, that might impact the decision.
- Historical Earnings: The court will consider the historical earnings of both spouses. If one spouse was a primary breadwinner for years, they may be expected to continue providing support.
- Duration of the Marriage: Longer marriages typically lead to longer-term or permanent alimony. In short marriages, the need for alimony may be temporary.
- Ability to Meet Own Needs: Does the spouse seeking alimony have the ability to meet their own financial needs independently? If not, alimony may be necessary.
- Age and Health Status: Age and health are important factors, especially if one spouse has health issues that impact their ability to work.
- Education Needs: If the lower-earning spouse needs additional education or training to become self-sufficient, this can influence the type and amount of alimony awarded.
- Temporary Maintenance: The amount of temporary support already provided during the divorce process can affect the final alimony decision.
- Contributions to the Marriage: Both economic and non-economic contributions are considered. This includes taking care of the home, supporting a spouse’s career, and other contributions that may not be financially quantifiable but still important.
Alimony vs. Child Support
If children are involved, we recommend seeking the help of a child support lawyer. Child support and alimony often share the same stage, but they don’t always perform the same role. Child support takes priority because it’s meant to cover the needs of the children, while alimony focuses on the lower-earning spouse. If one party is paying significant child support, this could impact their ability to pay alimony, as the court will consider the total financial picture. Essentially, the court looks at how both support obligations fit into the larger financial landscape when determining what’s fair for everyone involved.
Child support is typically calculated using a state-mandated formula, in contrast with spousal support, which can be based on the receiving spouse’s needs, the other spouse’s ability to pay, or even agreements between the parties such as waiving/reducing spousal support in exchange for a different split of the rest of the marital assets.
Modification and Termination of Alimony
Alimony isn’t permanent in most cases, and Colorado law allows for modifications or terminations under certain circumstances.
Modification
Alimony can be modified if there’s a significant change in circumstances. This could be a job loss, a substantial increase or decrease in income for the paying spouse, or a major shift in the recipient’s financial need. For example, if the recipient spouse gets a well-paying job or comes into unexpected income, a court may adjust the alimony amount to reflect the new situation.
Termination
Alimony automatically ends in a few specific situations. First, if either party passes away, the obligation to pay alimony ends. Second, if the recipient spouse remarries or begins cohabiting with someone else, alimony will be terminated. This is outlined in C.R.S. 14-10-122, which also covers the legal framework for alimony adjustments.
Navigate Colorado Alimony Laws with ELK Law
Alimony laws in Colorado can be tricky, but having the right guidance can make all the difference. If you need help making sense of it all, reach out to ELK Law. We’re ready to answer your alimony questions and help guide you through this difficult time.