Alimony is the technical term for spousal support in the state of Colorado. It is also commonly referred to as spousal maintenance. Basically, it is an order that requires you to continue to support your significant other during the divorce proceedings. The purpose of alimony is to provide a spouse with temporary financial assistance until they are able to find a job on their own. Naturally, this makes people wonder what the eligibility for spousal support in Colorado is.
Eligibility for Spousal Maintenance in Colorado
If a couple has a combined gross income that is $75,000 or less annually, the state of Colorado uses a formula to decide what kind of temporary alimony should be issued. Typically, the lower earner is issued 40 percent of the higher earner’s income that is spread out onto monthly payments. Naturally, any other spousal support payments will be figured into the payments. This would include things such as child support.
If either of the parties feels that the formula being used results in unfair payments, they can request a deviation. A judge would be required to look at the reasons for the request and make a ruling. It is possible for both parties to agree that alimony is not necessary. However, this is a decision that both parties must agree on.
It is possible that the court can issue spousal support for the lower income earner if their income exceeds $75,000. It is also possible for the court to order permanent spousal support. However, the court must be able to prove that the spouse seeking the assistance lacks the ability to be self-supporting.
Your Relationship Status
One of the other big factors is determining the eligibility for spousal maintenance is relationship status. This is because in the event that the individual receiving the alimony payments were to remarry or enter into a relationship the alimony agreement would be terminated in most cases. This is because it is unreasonable and unfair for your previous wife or husband to be expected to continue to financially support you when you have moved on and are in a relationship with someone else.
One of the upsides to paying alimony is the fact that you can write it off on your taxes. In fact, if you and your soon to be ex can commit to a structured alimony payment it can benefit both parties in the payment structure.