How to Request a Denver Alimony

A Denver alimony, often called "maintenance" in Colorado

, can be established in a divorce or family court to help spouses who stand to lose a lot of financial support from a divorce.

There are two types of Denver alimony: temporary and permanent. Temporary maintenance is financial support that is paid from one spouse to the other while the divorce is still pending. A permanent Denver alimony is support paid to a spouse after the divorce has been finalized.

In order for family law litigants, attorneys, and judges to know how much money should be paid in a Denver alimony, a Colorado state statute regarding maintenance rewards was created. This statute provides the formula for determining how much money should be paid to a spouse requiring alimony: essentially, 40% of the higher paid spouse's monthly adjusted gross income is subtracted by 50% of the lower paid spouse's income. This formula is only applied when the combined annual income of both parties is less than $75,000.

A permanent Denver alimony can be requested by either party once the dissolution of marriage has been finalized. Though alimony is not guaranteed, the court may decide to grant it if the circumstances call for it. There are several factors which can impact the amount of maintenance a spouse receives.

First, the length of the marriage is taken into account. Though it is called "permanent," alimony often lasts only for a specific time period. However, a marriage which has lasted at least 10 years can usually qualify for a lifelong alimony. Even so, if a significant amount of the marriage was spent separate, this can also impact the amount or qualification for maintenance. If 6 of the 10 years of the marriage was spent apart, for example, a spouse would be much less likely to qualify for a permanent Denver alimony.

Naturally, the income of both parties is considered when deciding alimony, as well as the difference between those incomes. The age of the parties at the time of divorce will also be considered. If a spouse is elderly and/or suffers from severe health conditions, the court will definitely see them as more eligible for alimony; however, younger spouses will generally be granted less alimony because they are more likely to recover financially in future years. Similarly, the court will consider any future prospects of both parties to determine the amount or length of alimony.

Though the amount of men who receive alimony has increased in the past 30 or so years, it is still much more likely for women to receive alimony. Women, in general, make less money than men and have more difficulty finding employment; however, this is not taken for granted in court and alimony will never be granted based solely on the gender of a spouse.

How to Request a Denver Alimony

By: familylaw

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