When a couple divorces, a spouse who earns considerably less money or has fewer individual financial resources than their husband or wife can justifiably be concerned about what their life will look like after the divorce is final. Unless they have a valid prenuptial or postnuptial agreement that requires them to receive spousal maintenance (alimony) and/or assets to allow them to live comfortably, they can be vulnerable.
This can be particularly concerning for a spouse who placed their career on hold to be a stay-at-home parent and hasn’t been in the full-time workforce for years. The same may be true for someone who worked to put their spouse through medical school rather than get an advanced degree themselves.
Whatever the situation, people often wonder whether they have a right to seek a divorce settlement that will allow them to continue their marital standard of living. Further, just what determines that marital standard of living?
What does Colorado law say?
Among the considerations in determining spousal maintenance under Colorado law is a “reasonable financial need as established during the marriage.” Of course, there are many other factors, like each spouse’s income and earning potential, their ages and health and the length of the marriage.
The law states, “The economic lives of spouses are frequently closely intertwined in marriage and…it is often impossible to later segregate the respective decisions and contributions of the spouses….Consequently, awarding spousal maintenance may be appropriate if a spouse needs support and the other spouse has the ability to pay support.”
If there’s no prenup or postnup in place and the spouse with greater resources isn’t prepared to help their soon-to-be ex maintain something close to their marital standard of living, it’s crucial to present a solid case to the court for why it’s a reasonable request to make. It’s also important to detail what that involves. It may include:
- The primary home
- Vacation home(s)
- Rental or other investment properties
- Vehicles
- Memberships (country clubs, gyms, etc.)
- Personal property (clothing, jewelry, art, etc.)
Spouses’ post-divorce standard of living can be evened out through the property division settlement as well as spousal maintenance. Having sound legal as well as financial guidance throughout the divorce process is crucial to seeking a fair settlement.