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Colorado Lawyer/Attorney for Spousal Support/Spousal Maintenance
In Colorado divorce cases where one of the parties is unable to totally support themselves, Colorado law requires that the dependent spouse receive financial benefits from the spouse who is capable of providing such benefits. In Colorado, this is also called Spousal Support.
Several factors weigh in when making a determination as to whether a party to a divorce or separation in Colorado is eligible to receive Spousal Maintenance, including the length of the marriage, the roles of the parties during the marriage, the education and skills of each party, the ages and health of the parties, as well as other circumstances. It is critical that you build a compelling case either to prove that you need spousal maintenance, or to show that your spouse does not require financial assistance. Building this sort of case requires skill and comprehensive legal knowledge and/or arguments to the Court to provide your position. Your best bet to a successful outcome is to hire a professional Colorado-based spousal maintenance lawyer such as Clawson & Clawson, LLP, Attorney.
Overview Of Spousal Maintenance
In most marriages, the two partners typically have very differing roles and responsibilities. Of course, the dynamics behind the roles differ from relationship to relationship. The two primary roles are that of a breadwinner and that of a homemaker who takes care of the home and children. Sometimes, however, both parties are professionals, with one spouse earning an income that is lower than the other. This is particularly true in Colorado. When this happens, the question of Spousal Maintenance arises. The dynamics behind receiving an award of Spousal Maintenance is discretionary and must be closely analyzed based upon all factors.
Since, legally speaking, the partner who was responsible for the financial support owned all the money he or she earned, the other partner can be left without any resources and risks becoming a public charge. Colorado Law deems that this is unfair since the deprived partner was counting on the earning partner to support them during the marriage, not anticipating that one day the marriage might end.
According to the Colorado Revised Statutes, as well as the Supreme Court of the United States, the purpose of Spousal Maintenance or Alimony is to ensure that the non-earning partner is able to continue living in the manner in which he or she was accustomed to living during the marriage.
Spousal Maintenance In Colorado
Alimony in Colorado is to be granted to the lower earning spouse without any regard as to fault in the divorce. The purpose of Alimony is not to reward or punish, but merely to establish a lifestyle. Spousal Maintenance might by paid monthly or in a lump sum and is usually over a specific period of time.
Colorado Law states that there are two distinct cases where Alimony needs to be calculated based upon the parties' income-to-expense ratios. This is meant to ensure that each of the parties is able to financially survive during the divorce and/or after the divorce. Sometimes, however, both parties earn an equal income thereby lessening or negating the necessity of Spousal Maintenance.
Hiring A Clawson & Clawson, LLP, Attorney
There are many factors that affect the actual Alimony that is granted to the lower-earning spouse including their emotional condition, the time required to be trained so that they can get a job, as well as the standard of living established during the marriage. To ensure that you get a decision that is fair and equitable, you need an experienced attorney who will see to it that your rights are protected. Our Clawson & Clawson, LLP, attorneys understand your needs and will take steps to ensure that your opinion is put persuasively before the Court.
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