If you are seeking spousal support or dealing with financial issues during a divorce in Colorado, chances are you have many questions. Whether you or your spouse has substantial assets, working to secure your financial future in the midst of a divorce can feel overwhelming. Having the right family law firm on your side matters.
At Plog & Stein, our Westminster alimony attorneys have decades of experience dealing with all aspects of alimony (maintenance). Whether you are seeking the spousal support you deserve or defending against a support claim, we can help. Divorce can be a complex process and spousal support can often be a hotly contested issue, perhaps even more so than property division or child custody. Understanding the law and the court process can make the difference in dealing with those complexities. The Plog & Stein team has developed an educated feel for how spousal support is dealt with in both Adams and Jefferson counties.Spousal Support (Alimony) in Westminster Colorado
Alimony technically termed “maintenance” under Colorado statute. Maintenance is specifically designed to provide monetary support for one party in a divorce when that party requires assistance in the form of living expenses and other financial needs. While a divorce case is pending, temporary maintenance may be awarded to keep one party afloat in the short term during divorce proceedings.
The state of Colorado has sought to standardize spousal maintenance payments by passing legislature called the Spousal Maintenance Act which took effect in 2014. The law provides guidelines to judges in Colorado with which to calculate fairer maintenance orders for marriages of three to 20 years in length with, an annual combined income of less than $360,000. The formula calculates support by taking 40 percent of the higher income earner’s monthly income and then deducting 50 percent of the lower income earner’s monthly income. It is important to note that the formula is only meant to be a framework for the courts, and the final decision in your alimony proceeding is still left to the judge’s discretion. A Westminster alimony lawyer can help explain your specific position to a judge.
In any alimony case, regardless of whether the combined income is below $360,000 per year or the applicability of the maintenance formula factors to be taken into consideration include the income of both parties, the length of the marriage, the standard of living attained during the marriage, whether one party is caring for younger children, the age and health of the parties, the property awarded to each party, and the earning potential of each party.
Ascertaining the income of each party for alimony purposes is one of the most contentious issues. One party may be voluntarily unemployed or underemployed. A disability may need to be proven. Multiple income sources may need to assessed and factored in. Though statute provides a formula, the monetary figures going into that formula can have a significant impact of the monthly amount for the payor or recipient.
A request for maintenance must be made in order for it to be awarded to either party. Once a right to receive maintenance is waived, it may not be invoked at a later date. There are two types of alimony, contractual and court-ordered. Our dedicated legal team will be able to help you determine which type of alimony best suits your needs and we will work hard on your behalf to resolve your case in the fairest way possible.Alimony Lawyers Near Westminster on Your Side
Contact us today discuss the specifics of your spousal support case at 303-781-0322 or contact us online to set up an appointment.