Spousal maintenance is financial support that is paid by a former partner (husband or wife) to their former partner in the event of divorce. It is paid monthly for either a determined time period or for the rest of the payer’s life. However, if the recipient remarries, then he or she will no longer be entitled to spousal maintenance. The laws associated with spousal maintenance differ from state to state, and in the article, we will be learning about spousal maintenance in Colorado.
Types of Spousal Maintenance in Colorado
Below are the different types of spousal maintenance in Colorado:
If a party is unable to support himself or herself during the process of separation, then the court may order the other partner to pay maintenance. The self-sufficiency of a spouse depends on various factors, including his/her job, housing payment, income, bills, lifestyle, etc.
When a partner is not self-sufficient, the court may ask the other partner to provide rehabilitative alimony. This is where the lacking spouse gets financial support that can take care of them. Generally, this type of spousal maintenance is ordered for a particular time period to give the spouse adequate time to find employment to provide for themselves. The time duration of the rehabilitative alimony depends on the overall situation of the case.
The court may ask the spouse for this form of maintenance in order reimburse his or her partner if the latter party has paid for the job skill training or education of the former party during the course of the marriage. In such cases, the spouse that has accepted gifts during the marriage will need to repay the expense in the form of reimbursement alimony either partially or fully.
As the name suggests, in this form of alimony, the court orders the spouse to continue paying alimony for an indefinite time period. So the spouse will have to pay alimony until the court orders otherwise. The court of Colorado will reconsider the alimony in the case if there is an issue with the employability of the paying spouse.
If a spouse doesn’t want any property, items of value or asset from the marriage, then the judge might order the other spouse to pay a lump sum alimony in place of the assets.
Eligibility of Spousal Maintenance in Colorado
People often believe that only women are entitled to receive spousal maintenance, but this is a misconception. According to the court, the spousal maintenance should be provided in a fair and equitable manner.
The requesting spouse, which could be either husband or wife, can demonstrate why they need alimony and that his or her partner can afford to make the payments. The court generally considers spousal maintenance apt for marriages that lasted for over three years. Additionally, the following are some important factors that courts in Colorado consider while determining the eligibility of spousal maintenance:
- Financial resources of each spouse that include actual and potential income
- The ability to pay spouse to meet the alimony needs
- The lifestyle of the spouse during the marriage
- The distribution of property during the divorce
- Employment, income, employability of both parties
- The length of the marriage
- Income history of both the parties
- Age and health of both the parties
- Whether or not a spouse has contributed to the education, training or career advancement of the other spouse.
If the paying spouse is unable to make the maintenance obligations, then the recipient can take it up to the court and then it will collect the payment. Failure to abide by the payment guidelines can result in court appearances, fines, jail times, etc.