Spousal Support Attorney in Parker, CO
Colorado legislators have responded to the national alimony reform movement. Alimony, referred to in Colorado as spousal maintenance, is the payment of monetary support from one spouse to the other after a divorce or legal separation. Spousal maintenance can have a serious impact on the future lifestyle and financial health of either party after a divorce. Therefore, it is extremely important for courts to properly analyze and determine whether maintenance should be awarded and, if so, in what amount and for how long.
It is important, too, for individuals engaged in spousal support matters to work closely with an attorney. Simply put, a knowledgeable and experienced lawyer can ensure that your interests are asserted — and your rights protected — at every step.
To learn more, reach out to the legal team at Fuller & Ahern, P.C. Based out of Parker, we’ve helped countless individuals in Douglas County and throughout the Denver metro area resolve their spousal maintenance matters. We’re uniquely positioned to help you, too.
Contact us today to schedule your consultation and learn how we can assist with your legal challenges.
Key Developments in Colorado’s Spousal Support Guidelines
In 2013, concerned by an increasing trend in inconsistent maintenance awards among the state’s district courts, the Colorado Legislature enacted advisory maintenance guidelines to promote more consistency, fairness and equity statewide in maintenance awards.
The advisory guidelines, as detailed more fully below, instruct courts to take into account both the length of the marriage as well as the combined incomes of the parties when endeavoring to determine a potential maintenance award.
However, the advisory guideline amount is only a starting point for a court when determining whether a maintenance award is appropriate, what the amount of such an award should be and the duration, or term, of the award.
Stated another way, the guideline amount does not create a presumptive amount or term of maintenance that must be adopted by the court. Rather, when determining whether maintenance is appropriate or calculating the amount to award, a judge in Colorado still retains the ultimate discretion to determine whether an award of maintenance and the amount of such an award is “fair and equitable” under the unique factual circumstances of each case and/or whether it is appropriate to deviate up or down from the guideline amount.
It is worth noting, however, that one factor not considered by courts in Colorado is marital misconduct, as Colorado is a “no-fault” state, nor does it matter which party initiated the divorce proceedings.
