Temporary Spousal Maintenance (Alimony)
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Colorado Divorce Law, Colorado Divorce Information & Colorado Mediation News

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Here, at “The Latest!,” you’ll find the latest news and information regarding Colorado divorce law and other Colorado divorce information or topics of interest to parties considering mediation of their Colorado divorce.

Recent Changes To Colorado Divorce Laws

See especially our articles on 2009 Colorado Divorce Law Filing Fees Increase, 2008 Changes to Colorado Child Support Laws, the simplified and streamlined 2006 Sworn Financial Statement forms, and our feature on the major 2005 changes to Colorado divorce law, process and forms.  We have also recently updated our Colorado child custody and visitation relocation law article.

We currently host twenty one other articles on Colorado divorce law and related topics. Additionally, consider recent posts in our topical Colorado DivorcePoint! divorce law blog.

Colorado Mediation News

Learn about the new Colorado Mediation Association or “theMAC” in our article 2011 Colorado Mediators Organization Rebrands as the “Colorado Mediation Association!” (The old Colorado Council of Mediators — CCMO — is no more.)

Evolution Of Our Divorce Mediation Process

Finally, consider articles regarding changes at our office in 2006 (the substitution of old-style flip-charts with mediators’ client-side large LCD displays), in 2007 (additional new mediators’ technology and tools), and our plans for the future — as we continue to innovate our Colorado family and divorce mediation process.

Colorado Divorce Law Updates

Visit us again for new articles as the divorce laws of Colorado and federal and Colorado tax laws change.

New Colorado Divorce Law: Temporary Spousal Maintenance (Alimony)

first posted on: 4/2/2003

Effective April 30, 2002, the Colorado legislature created a formula for determining Colorado temporary spousal support or “maintenance.”

(The ordinary form of spousal support or maintenance — which is taxable to the receiving spouse or former spouse and deductible by the payor — is called “alimony” in the Federal Tax Code. See also, however, our blog article on Non-Taxable Spousal Maintenance, an often-misunderstood and sometimes valuable mediation and divorce planning tool.)

When This New Colorado Maintenance Divorce Law Applies

Importantly, this formula for Colorado maintenance only applies:

  • If maintenance is requested by one of the divorcing parties
  • To determine an amount while a Colorado divorce case is pending (this is called “temporary” maintenance as distinct from maintenance continuing after the divorce)
  • If the parties’ combined annual income is $75,000 or less

The new Colorado law does not govern maintenance awards for parties with combined annual incomes greater than $75,000. The law merely fixes, by formula, temporary maintenance for those parties within these income limits, who are unable to come to their own agreement regarding spousal support.

If the parties’ combined annual income is $75,000 or more, the ordinary approach of Colorado law to determining spousal maintenance applies. In this approach, the Colorado judge has considerable discretion to determine an appropriate amount, considering a number of statutory factors including:

  • Both parties’ financial circumstances
  • Their standard of living during the marriage
  • Their emotional and physical health
  • Their prior education, training, work experience and earning capacities.

The New Colorado Maintenance Law’s Formula

The new Colorado maintenance divorce law fixes temporary maintenance by the following formula:

  • 40% of the higher income party’s adjusted gross incomeless
  • 50% of the lower income party’s adjusted gross income

Certain adjustments are required for prior family support obligations, and no temporary maintenance is presumed if this formula results in a negative number.

The Colorado judge must order this amount when requested, unless he or she makes findings that this amount would be unfair (and giving specific reasons for ordering a different amount).

Colorado Maintenance Issues In Mediation

This new Colorado maintenance law still allows divorcing parties in mediation or otherwise to “waive” this formula approach to temporary Colorado maintenance, and to agree in writing to a different amount that seems best, given the circumstances of their family.

Moreover, mediating parties often focus their efforts on their final divorce agreements and decide not to submit to the court any agreements regarding temporary arrangements and support. (This can result in a more efficient conclusion of your Colorado divorce. However, there can be enforcement and security issues or tax circumstances which make court approval of temporary agreements desirable or essential to you and/or your spouse.)

If no temporary court orders are desired by the parties, this change in Colorado divorce law regarding temporary spousal maintenance may be of little importance.

For more information about how mediation works in the context of Colorado divorce, child custody, support or other parenting disputes, see our site’s Why Choose Divorce Mediation and (Colorado Divorce Mediation) Questions & Myths sections.)

Divorce Law Caution

Please carefully review the information at the disclaimer link below. This information is only an overview of this change to Colorado maintenance and divorce law. All Colorado divorce-related support matters, and especially spousal support or maintenance planning, are highly dependent on your family’s unique circumstances and should be carefully considered by you and/or your spouse with a Colorado divorce professional.

Also, see our “Spotlight” or other feature articles, where we discuss in detail other Colorado legal, procedural (including divorce law and family mediation) or parenting topics. Presently, we look in depth at:

An additional highly recommended resource for Colorado divorce law information is Colorado Springs, Colorado family lawyer Carl Graham’s Colorado Divorce and Family Law Guide.

Return to home or for other news articles on Colorado divorce law and Colorado mediation issues, return to the index to our site’s Colorado divorce law information and mediation news – The Latest!

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