Spousal Maintenance Attorney in Colorado Springs

Protecting Your Financial Future in Colorado Springs Divorce

At Aviso Law, we understand the difficulties involved in determining spousal maintenance after a divorce. Spousal maintenance is often a sensitive and difficult matter, and it takes an emotionally skilled lawyer experienced in the area to handle it successfully. 

At Aviso Law, our alimony attorneys in Colorado Springs are adept at establishing, modifying, or terminating spousal maintenance, and we have the experience, skill, and client-focused approach needed to ensure the best possible outcome for you.

Schedule a consultation with our experienced spousal maintenance attorneys in Colorado Springs to secure the financial support you deserve. Call (719) 356-5552.

Understanding Spousal Maintenance Laws in Colorado

Colorado's approach to spousal maintenance (also called alimony or spousal support) is structured but not mandatory. The court must first determine if maintenance is warranted based on need and ability to pay. This financial support plays a crucial role in ensuring both parties can maintain a standard of living post-separation. 

The court may award maintenance in a legal separation or declaration of invalidity of marriage only if requested. There are many factors in determining whether maintenance may be awarded in a Colorado divorce. Maintenance is often a highly contested issue.

There is a new Colorado formula used to help determine spousal maintenance in cases where the duration of the parties’ marriage is at least three years, and the parties’ combined, annual adjusted gross income does not exceed $240,000. 

Advisory Maintenance Amount = 40% x (Combined Adjusted Monthly Gross Income) - (Lower-Earning Spouse's Adjusted Monthly Gross Income)

This formula is a starting point, and the court will ensure that the resulting payment does not leave the higher-earning spouse unable to meet their own reasonable needs.

Key Factors Overriding the Guideline Formula

The statutory formula provides a starting point, but a Colorado Springs court has the power to deviate from the guidelines entirely if the resulting amount or duration is deemed unfair or inequitable. We develop compelling arguments based on the statutory factors (C.R.S. 14-10-114) to advocate for deviation when the facts of your case warrant it.

The court must consider the totality of the circumstances, including:

• Financial Resources of Both Parties: Including the marital property apportioned to each spouse and the income potential from separate property.
• Standard of Living: The reasonable lifestyle established during the marriage.
• Earning Capacity and Employability: The income, employment, and employability of the parties, including the time and expense needed for one spouse to gain education or training.
• Age and Health: The age and health status of each party, particularly as they relate to future earning potential or need.
• Contributions to the Marriage: Any significant economic or non-economic contributions to the marriage (e.g., career sacrifices made for the family or the other spouse's advancement).
• Duration of the Marriage: A primary factor influencing both the amount and term.

Our firm uses these discretionary factors to craft a persuasive narrative for the El Paso County judge, ensuring that Colorado Springs spousal support attorney representation is highly individualized.

How Long Spousal Maintenance Lasts in Colorado

The duration of spousal maintenance in Colorado Springs is influenced by a variety of factors and can vary widely based on the specific circumstances of each case. Unlike child support, which typically has a set duration until the child reaches adulthood, spousal maintenance does not have a one-size-fits-all timeframe and is tailored to the needs and situations of the parties involved.

Spousal maintenance can be classified into several types, each with its own potential duration.

• Temporary spousal maintenance is awarded during divorce proceedings to help one spouse manage their financial needs while the divorce is being finalized. This type of maintenance ceases once the divorce is finalized and a final maintenance arrangement is established.
• Rehabilitative spousal maintenance is designed to support a spouse who needs time to gain skills or education to become self-sufficient. This form of maintenance usually has a set duration and is intended to provide financial assistance while the receiving spouse works towards self-sufficiency. The length of rehabilitative maintenance can vary depending on the amount of time needed for the receiving spouse to achieve financial independence.
• Permanent spousal maintenance may be awarded in long-term marriages where one spouse may not be able to support themselves adequately even after a considerable period. This type of maintenance can continue indefinitely but is subject to review and modification based on changes in circumstances, such as significant changes in income or financial needs.

Our team at Aviso Law can help you understand the nuances of how long spousal maintenance may last in your situation. Whether a modification is needed due to a change in circumstances or you're just beginning the process, we'll guide you through each step.

The Colorado Springs Court Process and Enforcement

Spousal maintenance issues are litigated in the El Paso County Combined Courts in Colorado Springs. The process requires accurate financial disclosure and a clear legal strategy from the outset.

• Financial Disclosure: Both parties must provide complete and accurate financial affidavits detailing income, assets, and expenses. We meticulously review the opposing party's disclosures to ensure all sources of income are accounted for (including imputed income or underemployment).
• Negotiation: Our firm prioritizes negotiation through mediation or settlement conferences. An agreement reached by the parties is generally favored by the court and allows for greater flexibility regarding the amount and duration of spousal maintenance than the advisory guidelines provide.
• Litigation: If a settlement cannot be reached, we present a fully prepared case at the Permanent Orders Hearing, offering testimony and evidence to support our position on all C.R.S. 14-10-114 factors.

Modification and Termination

Maintenance does not automatically end unless the recipient remarries or either party dies. If your financial circumstances substantially change—such as a job loss, significant raise, or retirement—we help you petition the court for a modification or termination of the existing maintenance order, leveraging our proven success in post-decree litigation.

Impact of Military Service on Alimony

In Colorado Springs, home to multiple military bases, military service can significantly impact alimony decisions. Service members may deal with unique circumstances like deployments, which can influence earnings and financial stability. 

Aviso Law understands these complexities and is equipped to counsel clients through issues particular to military divorces, such as the division of military benefits and adjustments to spousal maintenance during active deployment periods.

Federal laws such as the Uniformed Services Former Spouses’ Protection Act (USFSPA) play a crucial role in how military retirement benefits are treated in divorce, influencing maintenance calculations.