Calculating Alimony in Colorado Springs Divorces
Determining who is entitled to spousal support involves carefully analyzing various factors. Colorado courts consider the following when deciding on spousal support:
- The duration of the marriage
- The marital standard of living
- The education of both spouses
- The age and health of each party
How Long Can A Spouse Receive Alimony?
If you receive alimony from a spouse, the marriage must last at least three years but less than 20 for post-separation families without children. The state of Colorado uses the following system to calculate the amount and duration of spousal support:
- 3 years: 31% for 11 months
- 5 years: 35% for 21 months
- 10 years: 45% for 54 months
- 15 years: 50% for 90 months
- 20 years: 50% for 120 months
If the marriage lasted longer than 20 years, the court can award spousal support for a specific number of years or indefinitely.
Factors Influencing Alimony Decisions in Colorado
When deciding on spousal support, Colorado courts consider a range of personal and financial factors. These elements help determine both the amount and the duration of alimony. Some key factors include:
- Income Disparity: The court looks at the income difference between spouses. The lower-earning spouse may receive alimony to help maintain a standard of living similar to what they had during the marriage.
- Child Custody Arrangements: If one spouse has primary custody of children, it may affect their ability to work and earn. Courts may factor in these caregiving responsibilities when awarding spousal support.
- Length of the Marriage: The longer the marriage, the more likely it is that the court will award spousal support. Longer marriages may lead to more substantial support awards.
- Contributions to the Marriage: The court considers both financial and non-financial contributions. For example, if one spouse stayed home to care for children or supported the other spouse’s career, it can influence the alimony decision.
- Health and Age of Both Spouses: A spouse’s health and age may impact their ability to work or support themselves. If one spouse is unable to support themselves due to age or illness, they may receive a longer or higher alimony award.
Modifications to Spousal Support
Spousal support is not always set in stone. If significant life changes occur, either spouse may request a modification to the alimony agreement. Common reasons for modification include:
- Job Loss or Income Change: If the paying spouse loses their job or experiences a significant decrease in income, they can petition the court to reduce the support amount.
- Illness or Disability: A serious health condition may affect the paying spouse’s ability to work or the receiving spouse’s need for support.
- Remarriage or Cohabitation: If the receiving spouse remarries or begins living with a new partner, alimony may be reduced or terminated.
Spousal Support and Taxes
It’s important to understand how spousal support is treated for tax purposes in Colorado:
- Paying Spouse: The paying spouse can typically deduct the alimony payments from their taxable income.
- Receiving Spouse: The receiving spouse must report the alimony as taxable income on their tax return.
Note that changes to tax laws in recent years have eliminated deductions for spousal support payments for divorce agreements finalized after 2018. Always consult a tax professional to understand how alimony will affect your taxes.
Frequently Asked Questions (FAQ) about Spousal Support in Colorado Springs
- How is spousal support different from child support?
Spousal support (alimony) is designed to help the lower-earning spouse maintain a similar standard of living post-divorce. Child support, on the other hand, is paid to support the financial needs of the children. The two types of support are separate, and the court decides them based on different criteria. - Can spousal support be waived in a divorce settlement?
Yes, it is possible for spouses to agree to waive spousal support as part of their divorce settlement. However, this is a personal decision, and it’s important to fully understand the implications of waiving alimony before agreeing to it. A lawyer can provide guidance on how this might affect your long-term financial security. - Can spousal support be awarded if both spouses are working?
Yes, spousal support can still be awarded even if both spouses are employed. The court looks at various factors, such as the income disparity, the length of the marriage, and whether one spouse’s income is significantly higher than the other’s. The goal is to ensure that both spouses can live in a manner consistent with their standard of living during the marriage. - Does spousal support end if the recipient spouse starts living with someone else?
In Colorado, alimony payments may be modified or terminated if the recipient spouse begins cohabiting with a new partner. However, this depends on the specific terms of the divorce agreement and the court’s assessment of the situation. It’s important to consult a lawyer for advice if there are changes in living arrangements. - What happens if the paying spouse fails to make alimony or child support payments?
If the paying spouse fails to make spousal support or child support payments, the receiving spouse can take legal action to enforce the order. This may include garnishing wages, placing liens on property, or other enforcement measures to ensure compliance. Courts take non-payment of both alimony and child support seriously and may impose penalties, including fines or even jail time, on the paying spouse for failure to meet their financial obligations. - Can the amount of spousal support be changed after a divorce is finalized?
Yes, spousal support can be modified after the divorce if there is a substantial change in circumstances, such as a job loss, illness, or changes in financial need. Both parties would need to petition the court for a modification to the original spousal support arrangement.
Secure Your Financial Future with a Colorado Springs Alimony Lawyer
An experienced Colorado Springs divorce lawyer can be an excellent asset in a complex divorce case, especially when spousal support is involved. Whether you anticipate paying or receiving alimony through your divorce, the right family law attorney on your side can thoroughly influence the case's outcome.
At the Law Office of Greg Quimby, P.C., we can provide extensive, compassionate, and responsive legal representation of your Colorado Springs attorneys. Contact us today to schedule a consultation with our legal team and learn how spousal support may come into play in your divorce case.
Have questions about alimony or child support? Contact us now at (719) 212-4227 to speak with an experienced attorney.
