In many cases, upon divorce, one spouse may be ordered to pay alimony to the other for a set period of time. To be sure, alimony is given from one spouse to another in order to balance out things financially. Ultimately, the goal of alimony is to help the lower-earning spouse move forward after divorce in a similar position as before.
Alimony laws vary from state to state. In Colorado, neither spouse has the right to automatically receive alimony. It is something that must be requested and approved by the court. Under Colorado law Section 14-10-114, C.R.S., the court looks at many factors to determine if a person is eligible to receive alimony. These factors include financial resources, required education or training, the length of the marriage, the age and health of both spouses, the standard of living the spouses enjoyed during the marriage and the income of the spouse who would be required to pay alimony.
Those married for long periods of time are more likely to receive alimony than those married for just a few years. In fact, Colorado does have guidelines in place for marriages lasting three to 20 years. For example, for a marriage lasting three years, the amount is 31 percent of the gross income of the payor for a term of 11 months.
There are two main types of alimony that a court can award: rehabilitative and permanent. Rehabilitative alimony is given to spouses who have the ability to work, but may require a few years of training or education. In these cases, alimony would not last forever. The judge may order alimony for a set period of time, such as three to five years. This would give the spouse enough time to get back on his or her feet following the divorce.
Permanent alimony is awarded in cases where one spouse is unable to work, due to a disability or advancing age. A judge may also award alimony after a long-term marriage (20 years or longer) when a spouse makes significantly less money than the other spouse. Permanent alimony may be awarded in a lump sum or monthly payments. Typically, it ends upon the death of either spouse, or when the recipient remarries. Again, though, the judge has the discretion to end the alimony payments at a certain date. If you wish to make adjustments to the alimony payments or eliminate them altogether, you must fill out the appropriate forms.
Reach Out to Our Englewood Alimony Lawyers for Help
Alimony amounts and durations vary widely, depending on the circumstances of both spouses. Some people pay alimony for a few years; others pay for the rest of their lives.
Alimony is used to balance out financial differences between the two spouses. If you think you may be entitled to receive alimony or want to know more about the process, contact the Englewood divorce lawyers at Divorce Matters. We can assess your case and look at all the factors involved. Schedule a consultation today. Contact us at (720) 408-6595.