Tips on Getting Spousal Maintenance in Colorado

Financial insecurity is a major problem for many divorced women, particularly those who do not work outside of the home.  For this reason, it is common to see these women taking spousal maintenance very seriously.  In some cases, Colorado’s spousal maintenance laws will work in your favor but, like child support, they are subject to certain calculations and formulas and based on the combined income of the parties.  If you find these formulas aren’t working in your favor, you may want to consider mediation before scheduling court date. 

Unlike a court hearing, mediation doesn’t require a couple to use the state’s formulas. Instead, it allows you to examine your situation and take your unique financial needs into account.  Some women may find they need to further their education before they can earn enough money to maintain their current lifestyle.  Others may find that Colorado law does not allow the level of flexibility their family needs to adapt to new financial responsibilities. 

A mediator can help you and your ex come up with a plan that makes sense for both parties. This may include a larger amount of spousal support for a few years, with a gradual decline in payments as the lower-income spouse advances their career.  It could also account for the disposition of the family home, where the children will live, and the value of other marital assets. 

A Denver family lawyer can help you determine whether you need permanent or temporary spousal maintenance.  Temporary maintenance only lasts from the time the couple files for divorce until the date the decree is issued, and may be replaced by a permanent order for spousal support at that time.

While far less common than it was several years ago, spousal maintenance on a permanent basis is more likely when a marriage ends after 20 years or longer.  It can also be granted if one spouse is permanently disabled. 

By allowing a couple to waive the court’s formulaic approaches, a professional mediator can help divorcing couples come to an agreement on spousal maintenance, but it is still recommended that you attend a mediation with your attorney.  Consult a Denver family lawyer for guidance and advice on how to proceed.  In most cases, spousal support can be handled best outside of a courtroom.