Spousal Support

Denver Alimony Attorney

Alimony or spousal support for a dependent spouse, is called maintenance. Maintenance may be awarded in a Colorado divorce or legal separation if one spouse is unable to be self supporting either through employment or the use of income producing assets. There is a statutory formula for the calculation of maintenance. However, the guideline formula is only advisory. After making the calculation the court is not required to apply it if the judge determines that the circumstances of the individual case require a different approach. In addition the formula does not apply to short marriage or parties who have higher incomes.

As a result, spousal support is often a wild card in Colorado divorce settlements. The judge can use it as a balancing tool to make the asset division fairer. Because the issue of spousal support is very case specific , your maintenance attorney needs to be an experienced negotiator. Your attorney also needs to know how to try cases in court, in case the issue doesn't get settled. This includes using vocational evaluations, earnings history, job search information, tax analysis and the like to advance or oppose a claim for maintenance.

Maintenance Modifications

Sometimes maintenance awards are made nonmodifiable as to term, as to amount or both. In other cases, awards of spousal maintenance may be the subject of later modification proceedings. Colorado law offers guidance as to the types of criteria that may justify a modification either upward or downward. Our lawyers at McGuane & Hogan, P.C., have experience representing the party receiving spousal support and the party seeking a change.

Contact a Denver spousal support attorney at McGuane & Hogan, P.C.