Divorce, Temporary Alimony and Colorado Law

Temporary Alimony in Colorado

Alimony is a complicated, contentious topic of law and each case is different from the next. Our experienced Clawson & Clawson Colorado divorce attorneys have been known to get extremely favorable results for their clients and our firm has an impeccable track record in these cases. However, temporary alimony is one of those aspects of Colorado law that is a little less well known than regular spousal maintenance.

Since a divorce proceeding may take a lot of time, either party can file for a temporary order regarding the various aspects of a divorce case such as the usage of property, child custody and spousal maintenance. Temporary alimony is one of the items that can be decided and the court usually takes the opinion that during this time, the finances of the two parties should be mixed up so as to give each a time to adjust to the circumstances.

Formula for Colorado Temporary Alimony

There is a standard formula that is presumed to be used when the amount of temporary alimony has to be determined if the combined income of the two parties is less than seventy five thousand dollars a year. The formula is 40% of the income of the higher earning spouse minus 50% of the income of the lower earning spouse. If the outcome of the formula is either zero or less than zero, there will be no temporary maintenance.

However, the court also has the power to make changes to the amount in despite the formula if it finds that it's unfair. In addition, the party who is eligible for the alimony may choose to waive the right and specify the reason for doing so. In case the judge finds that the reasons are fair, temporary maintenance can be waived.

And finally, if the party with the higher income already has some maintenance payments to make, his or her income is adjusted to reflect the total amount of disposable income.

When the combined income is over $75,000 however, there is no set formula for maintenance and the court must decide if it's necessary at all based on a number of factors.

Getting an experienced Colorado Divorce Attorney

Spousal maintenance or alimony cases in Colorado can be complex. A lot depends on how well your case is represented in court. A cogent presentation can impress the court and persuade it to give you a judgment very much in your favor. Contact our Clawson & Clawson attorneys for a free initial consultation.