Highlands Ranch Alimony Lawyer
Often, one spouse chooses to stay home with the couple’s children to fill the role of a full time parent and care for the household. When taking on this role prevents that spouse from advancing in his or her career or from earning any money at all, that spouse can be in danger of severe financial hardship in the event of his or her divorce. Alimony, also known as spousal maintenance or spousal support, can protect individuals in this position from suffering financially.
It is possible for a couple to waive their right to seek alimony in a prenuptial agreement, but these waivers are not always upheld in court. The court can use its discretion to determine if such a waiver is inappropriate.
Types of Alimony
An individual may receive a permanent alimony award or a temporary one. Permanent alimony is rarely awarded today, but it may be awarded in cases where the lesser earning partner is disabled or realistically cannot return to the workforce.
Temporary alimony is alimony meant to provide the lesser earning spouse with a safety net until he or she is in a position to obtain employment, such as once he or she has completed vocational training.
How Courts Calculate Alimony in Colorado
In Colorado, temporary alimony orders for couples whose annual gross incomes are lower than $75,000 are calculated according to a specific court formula:
40 percent of the higher earning spouse’s monthly adjusted gross income – 50 percent of the lower earning spouse’s monthly adjusted gross income.
For permanent alimony orders among couples at all income levels and temporary orders for those whose incomes exceed $75,000, the court has some more leeway to determine a fair maintenance award. Additionally, the court considers numerous factors to determine an appropriate duration for all temporary alimony orders.
The factors the court considers in these determinations include:
- The age and health of both parties;
- Both parties’ income;
- Why the lesser earning spouse is unable to secure self-fulfilling employment. He or she may be advanced in age, disabled, or caring for a child full time;
- The standard of living established during the marriage; and
- The lesser earning spouse’s employability.
Modifying or Terminating an Alimony Order
If the paying spouse experiences a change in financial circumstances, such as a job loss, he or she may petition to modify his or her alimony order. Alimony terminates if the receiving spouse remarries and in most cases, if he or she cohabitates with a new partner.
Work with an Experienced Highlands Ranch, CO Alimony Lawyer
You might have heard rumors about alimony, like only women can receive alimony or that it is impossible to receive it if you earn a certain amount of money. Instead of making assumptions or being misled, talk to an experienced Highlands Ranch alimony lawyer to learn the truth about spousal maintenance. Contact our team at Divorce Matters® today to set up your initial consultation in our office.
Divorce Matters® represents clients throughout Metro Denver and the Front Range including: Arapahoe County, Aurora, Boulder, Bow Mar, Castle Pines, Castle Rock, Centennial, Douglas County, Englewood, Cherry Hills Village, Denver, Greenwood Village, Jefferson County, Highlands Ranch, Littleton, Lone Tree, Louisville, and Parker.
Call Divorce Matters® today at (720) 542-6142 to schedule an appointment with an attorney.
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Why not start exploring your options? Call us at 720.542.6142 to schedule your consultation with one of our experienced Denver divorce attorneys today.
Our highly-accomplished divorce and family law attorneys practice throughout Colorado, including: Adams County (Arvada, Aurora, Brighton, Thornton, Westminster); Arapahoe County (Aurora, Centennial, Cherry Hills Village, Englewood, Greenwood Village, Littleton); Boulder County; Broomfield County; Denver County; Douglas County (Castle Rock, Highlands Ranch, Lone Tree, Parker); Elbert County (Elizabeth, Kiowa); and Jefferson County (Arvada, Golden, Lakewood, Morrison, Wheat Ridge).