Alimony can simply be defined as the money that is paid by one spouse to the other either during the divorce process or after. Alimony is in most cases referred to as spousal support or spousal maintenance. In general, it is meant to maintain the living standards that both partners where accustomed to during the marriage.
The laws related to alimony vary from one state to another. The laws for determination of Spousal Maintenance in Colorado were updated and amended in May 2013, in order to make the laws fair and equitable to both parties. The latest changes have resulted to the presentation of a new law that has guidelines on maintenance. This move was made because the past statute did not provide adequate guidance to the courts in line with maintenance awards. There have been some inconsistencies in the terms of maintenance and amount awarded in different judicial districts all over the state, even though the cases were similar.
Establishing a more detailed statutory framework that is meant to provide guidance to the courts and litigants would make the awards given fair and equitable. This is why the general assembly decided to create a statutory framework meant to determine the maintenance award.
There are specific steps that courts are expected to follow when presented with such cases. This includes making a written or oral finding that should have the amount of each party’s gross income, marital property apportioned to each party, the financial resources of the parties which also covers the actual or potential income from marital and separate property, and the reasonable financial need that is established based on when they were married. These are some of the factors that have to be considered before the court determines the amount of maintenance award that it is going to grant.
The new statutory framework covers other areas that also have to be considered. Spousal support/maintenance involves several things that have to be factored in before a considerable amount of award is given. It is important that the new guidelines are followed strictly in order to ensure that any ruling is fair and reasonable.
View the New Colorado Spousal Maintenance – Alimony Guidelines.