Maintenance payments (also known as alimony, spousal support or spousal maintenance) can be one of most highly disputed aspects of a divorce case. When people are unable to come to agreements about any aspects of spousal maintenance, the courts will typically step in to determine:

  • Eligibility for spousal support
  • The amount of these payments (if the determination has been made that eligibility exists)
  • The duration of these payments.

While there are some general guidelines that the courts will use to rule on the above-described aspects of spousal maintenance, it’s critical for divorcing parties to have an experienced attorney like Centennial Divorce Attorney Bruce H. Rabun on their side to advocate their interests and help them secure favorable rulings regarding these payments.

Eligibility for Spousal Maintenance in Colorado

When spousal maintenance is disputed in your divorce, trust Centennial Divorce Attorney Bruce H. Rabun to favorably resolve these issues and your divorce.

When spousal maintenance is disputed in your divorce, trust Centennial Divorce Attorney Bruce H. Rabun to favorably resolve these issues and your divorce.

When evaluating eligibility for spousal maintenance in Colorado divorce cases, the court will focus primarily on the numbers, taking a close look at each spouse’s income. It will not, however, consider fault or alleged misconduct in the marriage. As part of this process, a court may:

  • Use a standard formula to assess eligibility for spousal maintenance
  • Deviate from this formula if or when a party in the divorce requests such a deviation
  • Grant a waiver of spousal maintenance when the individual who earns less income requests such a waiver and provides valid reasons for it to the court.

The court will typically award spousal maintenance if it determines that one partner:

  • Does not have sufficient assets or property to provide for him- or herself (this will include any property awarded to the individual as part of the divorce proceedings)
  • Does not have the ability to support him- or herself (because, for instance, (s)he lacks the skills or knowledge to secure appropriate employment)
  • Will be primarily caring for a child who needs more extensive care that prevents the parent from being able to get a job.

Determining the Amount and Duration of Spousal Maintenance

When the court has judged that one partner is eligible for spousal maintenance, the following factors are typically evaluated in determining the amount and duration of spousal maintenance:

  • How long the marriage lasted and the established standard of living during the marriage
  • The financial resources of both parties
  • The age of the individual seeking spousal maintenance
  • The physical and mental health of the individual seeking spousal maintenance
  • The ability of one spouse to earn a living in the future (even if additional training or education is needed to help someone earn a living).

Once a court issues a final divorce decree that awards spousal maintenance to an individual for some set period time:

  • These payments may be modified in the future if either spouse petitions the court for an official modification (and has the proper grounds to make such a request).
  • These payments may be terminated per the terms of the final divorce decree, which may set a certain time limit on these payments or may stipulate that spousal support ends upon the recipient of these payments remarrying.

Centennial Divorce Lawyer at the Law Office of Bruce H. Rabun, LLC

When requesting or paying spousal support is a disputed issue in your divorce, it’s time to contact Centennial Divorce Attorney Bruce H. Rabun. For more than 30 years, Bruce H. Rabun has been providing his clients with the highest quality legal services and successfully resolving their divorce disputes, including when they pertain to spousal maintenance.

By trusting your case to Centennial Divorce Lawyer Bruce H. Rabun, you can be confident that he will work diligently and relentlessly to fight for your rights and help you successfully resolve any issues regarding spousal maintenance payments.

Contact Us

To find out more about how Centennial Divorce Attorney Bruce H. Rabun can help you, schedule an initial consultation by calling (303) 221-7899 or by emailing our firm using the contact form on this page.

From our office in Centennial, we represent people throughout the Denver metro areas, Arapahoe County, Douglas County and Jefferson County.