Understanding Whether Spousal Support Will Apply In Your Divorce
One of the most difficult issues in many divorces is alimony, called maintenance or spousal support in Colorado. Alimony or maintenance can be agreed upon by the parties outside of court in a contractual agreement or it can be determined by a judge in a court order. A contractual agreement will fall outside the court’s jurisdiction in the future, which means that if someone’s financial situation changes significantly, the court cannot order a change in the maintenance agreement. If maintenance is court-ordered, a judge may have jurisdiction to order a change in the future if the circumstances warrant. The experienced divorce attorneys at Ammarell Deasy, LLP, can help you decide whether alimony is appropriate in your case and what level of support is fair.
What Is Alimony For?
The purpose of alimony is to ensure that each spouse can support themselves after the divorce. In many cases, one spouse may have been the primary breadwinner, and it may be extremely difficult for the other to maintain their standard of living without sharing in that income. In many cases, temporary maintenance will be awarded, an order that will be in effect until a final agreement is reached or court order is issued. There is a formula for determining temporary maintenance if both people make less than $75,000 per year.
The Greenwood Village spousal support lawyers at Ammarell Deasy, LLP, can explain in greater detail how temporary maintenance works. There is generally no permanent alimony in many divorces, but when a couple was married for a long time or if one spouse is unable to work for some reason, then it may be appropriate.
Every Alimony Case Is Different
Child support can be fairly predictable in a divorce case because the state sets a formula for determining support. Maintenance, on the other hand, is evaluated on a case-by-case basis. A divorce lawyer with experience in alimony cases can help you understand what to expect, but if you do go to court to determine alimony, the judge has tremendous discretion in these matters. Nevertheless, an experienced Colorado divorce lawyer can explain some rules of thumb to give you an idea of what you might expect to either pay or receive in maintenance, depending on the details of your case.
When Do Maintenance Payments Stop?
If the financial circumstances of either party significantly change, it may be possible to request a modification to a maintenance agreement. Contractual alimony agreements typically include a duration in the agreement and terminate on a given date. In a case with court-ordered maintenance, it may be possible to ask the court to adjust the alimony award. It is worth noting that in most cases, maintenance payments will stop if the receiver of the alimony is remarried.
Speak with the experienced Greenwood Village spousal support lawyers at Ammarell Deasy, LLP, today to discuss alimony or maintenance if you are considering divorce. The firm’s lawyers work hard for every client and will work with you on spousal support to protect your rights and ensure that you get an alimony agreement that is fair for you. With many years of combined family law experience in Colorado, the dedicated Colorado divorce attorneys of Ammarell Deasy, LLP, understand every aspect of divorce law.