Navigating the process of determining spousal support, also known as alimony or maintenance, can be challenging. In Colorado, several factors and guidelines influence how spousal support is calculated. Understanding these elements can help you get a clearer picture of what to expect during your divorce or legal separation.
What is Spousal Support in Colorado?
Spousal support, or spousal maintenance, refers to the payments one spouse may be required to make to the other following a divorce or legal separation. The purpose of spousal support is to help the lower-earning spouse maintain a standard of living similar to what they experienced during the marriage.
How is Spousal Support Determined in Colorado?
In Colorado, spousal support is determined based on several factors, including the needs of the requesting spouse and the ability of the other spouse to pay. The state uses both a statutory formula and judicial discretion to calculate the amount and duration of spousal maintenance.
1. Colorado Spousal Maintenance Guidelines:
The Colorado spousal maintenance guidelines provide a formula to estimate the amount of support that may be ordered. While these guidelines are not mandatory, they offer a starting point for judges when making their decisions.
Formula for Spousal Maintenance:For couples with a combined annual gross income of $240,000 or less, the suggested formula is: 40% of the higher-earning spouse's monthly adjusted gross income minus 50% of the lower-earning spouse's monthly adjusted gross income.
For example, if Spouse A earns $6,000 per month and Spouse B earns $3,000 per month, the calculation would be: 40% of $6,000 (higher-earning spouse) = $2,400; and 50% of $3,000 (lower-earning spouse) = $1,500. $2,400 - $1,500 = $900 per month.
This formula is meant to provide a starting point, and the final amount can vary based on additional considerations.
2. Factors Influencing Spousal Support in Colorado:
Even with a formula, Colorado judges have considerable discretion in awarding spousal support. Some of the key factors considered include:
The Financial Resources of Each Party: Including income, property, and other assets.
The Age and Health of Each Spouse: The court may consider physical and emotional conditions that affect earning capacity.
The Length of the Marriage: Generally, the longer the marriage, the longer the duration of spousal support.
The Standard of Living Established During the Marriage: Courts aim to allow both parties to maintain a similar standard of living post-divorce.
The Earning Capacity of Each Spouse: Including education, employment history, job skills, and time away from the workforce.
Contributions to the Marriage: Non-monetary contributions, such as being a stay-at-home parent, may also be considered.
3. Types of Spousal Support in Colorado:
Colorado recognizes several types of spousal support:
Temporary Support: Ordered during the divorce proceedings to help the lower-earning spouse maintain financial stability during the divorce proceedings.
Rehabilitative Support: Provides financial assistance for a set period, allowing the recipient to gain education or skills needed for employment.
Permanent Support: Typically rare, awarded when a spouse is unable to become self-sufficient due to age, health, or other significant factors.
Using a Colorado Spousal Support Calculator
A Colorado spousal support calculator can help estimate the potential amount of spousal support. While these calculators can provide a general idea, they should not be used as a definitive source since judges have wide discretion based on individual circumstances.
To use a spousal support calculator:
Input Both Parties' Income Information: Enter the gross monthly income of both spouses.
Enter the Length of the Marriage: Spousal support duration often depends on how long the marriage lasted (Note: marriages of less than 3 years typically do not qualify for spousal support).
Add Other Relevant Details: The amount of child support that the payor spouse pays effects spousal support. Expenses related to child support, such as health insurance and/or daycare costs, effect the amount of child support.
Calculate the Estimated Support: The calculator will provide an estimated amount based on the Colorado spousal maintenance guidelines.
Remember, these calculators provide a rough estimate and should not replace professional legal advice.
How to Modify Spousal Support in Colorado
After a spousal support order is issued, circumstances may change, requiring a modification. Colorado law allows for modification if:
There is a Significant Change in Financial Circumstances that is Substantial and Continuing. For these purposes, a substantial change equates to a more than 10% change in either party's income, and a "continuing change" means it's highly unlikely to return to the previous earning amount (example: a job loss, significant increase in income, permanent disability, or retirement).
The Support Duration Has Not Yet Expired: If the original order included a termination date, modifications cannot be requested after that date.
To modify spousal support, the requesting party must file a motion with the court and provide evidence supporting the change. It’s essential to consult with a family law attorney to navigate this process effectively.
Conclusion
Calculating spousal support in Colorado involves understanding a variety of factors, from income levels to the duration of the marriage. While the Colorado spousal maintenance guidelines provide a useful formula for initial estimates, judges retain discretion in making the final determination. For anyone navigating this process, utilizing a Colorado spousal support calculator can be helpful, but it is always wise to consult with an experienced family law attorney to understand your specific situation and ensure your rights are protected.
Need Help with Spousal Support in Colorado? Contact Us Today!
If you need assistance calculating or modifying spousal support, or if you have questions about Colorado spousal maintenance guidelines, our experienced family law attorneys are here to help. Contact us for a free consultation and personalized guidance.