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Maintenance/Alimony/Spousal Support An issue in many divorce cases is "maintenance," or what is commonly known in other states as "alimony" or "spousal support." In order to qualify for permanent maintenance, the spouse seeking maintenance must prove that he or she has received insufficient property, including marital property apportioned to that party, to meet his or her reasonable needs and is unable to support him or herself through appropriate employment. The Court will take into consideration many factors, including the duration of the marriage, the mental and physical health of both parties, the standard of living established during the marriage, the financial needs of the parties seeking maintenance, and the ability of the other party to pay maintenance. In the event one party has been unemployed or underemployed during the marriage, a vocational evaluation may be necessary to determine that party's potential income. Maintenance is often awarded if the party needs further training or education in order to obtain appropriate employment to support him or herself. If the parties reach an agreement concerning the amount and duration of maintenance, that agreement can be made contractual and non-modifiable. This means that neither party can ever apply to the Court to increase or reduce maintenance or to modify the length of time maintenance is paid. Many people like this option because there is a specific length of time and a specific amount of maintenance that cannot be modified for any reason. If no agreement is reached and the Court must decide the issue of maintenance, any maintenance order entered by the Court can be subsequently modified in amount or duration upon a showing of changed circumstances that renders the existing maintenance order unfair. (See modification.) If your case potentially involves maintenance, you should obtain legal advice concerning your rights and responsibilities.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Our firm practices and is admitted to practice only in Colorado. The information contained on this website is unique to Colorado. |
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