Spousal Support
Denver and Boulder Alimony Attorneys
Spousal support, also known as Maintenance, or Alimony, is decided upon by the court. Many factors go into the decision, such as the relative earning capacities of each parent, their health and education, the length of the marriage, and the lifestyle the couple led while married.
When the combined income of both spouses is less than $75,000, the spousal support amount is decided by a formula. When their combined income is more than $75,000, it's decided on a case-by-case basis.
Factors in the decision on how much alimony should be paid
These factors can vary from state to state. Some examples are:
- The standard of living of the spouses during marriage
- The marketable skills of the spouse being supported
- What education or training might be needed for the supported spouse to acquire more marketable skills
- The contribution made during the marriage by the supported spouse towards the other spouse's education or career
- The duration of the marriage
- The age and health status of each spouse
- The age(s) of any children and whether their care limits the ability of the supported spouse to earn a salary
- The assets, earning capacity, and any unearned income of the paying spouse
Health insurance
This can be included in spousal support. If the supported spouse depended during marriage on the other one for health insurance, and is now unable to get new health insurance, the court might require the paying spouse to continue providing it. Or it might increase the support amount so that the supported spouse can buy new insurance.
Stock options
In years past, relatively few people had stock options. Now, many more people have them through their employer. So it's fairly recent that courts have been dealing with stock options in regard to spousal support, and the laws are still evolving. At Hull & Zimmerman we can look at your specific situation and give you advice and information about it.
Spousal support during the divorce proceedings
A court can order temporary spousal support while the divorce is being resolved.
Modifying the spousal support amount
Spousal support amounts are not easily modified. In Colorado, the court will expect a very substantial and ongoing change of circumstances, such that the original amount is unconscionable now. It's possible, though, for the spouses to agree at the time of the divorce decree that spousal support can in future be modified downwards, perhaps when a specific event occurs, such as a spouse's retirement.
At Hull & Zimmerman we can examine all the facts and help you make a change, if that seems desirable and feasible.
Duration of spousal support
Usually, spousal support is ordered to be paid while the supported spouse is in school or training to gain marketable skills. If young children are involved and the supported spouse has custody, this period will be extended accordingly.
Sometimes spousal support is permanent, such as when the supported spouse is medically unable to earn their living, or is of an advanced age. Spousal support payments stop at the death or remarriage of the supported spouse.
The Denver and Boulder area alimony attorneys at Hull & Zimmerman will give you a free consultation to answer all of your alimony questions. Schedule your appointment today.
Greater Denver metro area and Colorado Alimony Attorneys.
Hull and Zimmerman, P.C.
2921 W. 120th Ave., Ste 220
Westminster, Colorado 80234
Phone: 303-423-1770
Fax: 303-423-2102
Toll Free: 1-866-385-3505
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