Colorado Spousal Support & Maintenance Lawyers
At Griffiths Law, we understand that navigating spousal maintenance (alimony) in Colorado can be complex and overwhelming. Our dedicated team specializes in guiding clients through the intricacies of maintenance laws to achieve fair and sustainable financial outcomes.
What is Spousal Support or Maintenance?
Spousal maintenance, often referred to as alimony, is a crucial financial support mechanism established under Colorado law, specifically outlined in Colorado Revised Statutes C.R.S. 14-10-114. This form of support is designed to balance the financial disparities that may arise as a result of a divorce, particularly for a spouse who earns less or has limited income potential.
The Purpose of Spousal Maintenance
The primary objective of spousal maintenance is to mitigate the economic impact of a divorce on a lower-earning spouse. This support helps in:
- Ensuring Financial Independence: It provides the necessary financial assistance to a spouse who might otherwise struggle to maintain an independent economic status post-divorce.
- Preserving the Standard of Living: Maintenance aims to help the receiving spouse maintain a standard of living similar to that enjoyed during the marriage, to the extent possible.
- Facilitating Transition: It offers temporary or long-term financial support to aid the lower-earning spouse in transitioning to a self-sufficient life, which may include pursuing education or vocational training.
Our Approach to Different Types of Maintenance
Our experienced legal team adeptly handles various forms of maintenance, in alignment with C.R.S. 14-10-114:
- Temporary Maintenance: Support provided during divorce proceedings, vital for the interim financial stability of the lower-earning spouse.
- Post-Divorce Maintenance: Long-term support following the divorce, designed to maintain equitable financial circumstances.
- Termination of Maintenance: Under C.R.S. 14-10-122, we guide actions to modify or cease maintenance payments when justified by significant life changes.
How a Court Awards Maintenance
In determining maintenance, C.R.S. 14-10-114 mandates consideration of these and other factors:
- Both Parties’ Incomes and Employment Statuses: A comprehensive assessment of each spouse’s financial capacity.
- Standard of Living During the Marriage: The lifestyle maintained during the marriage, which influences maintenance calculations.
- Length and Circumstances of the Marriage: Including the duration of the marriage and any specific marital circumstances.
- Health and Age of Both Spouses: Vital factors in determining the appropriateness and amount of maintenance.
- Childcare Responsibilities and Property Division: These elements also play a critical role in the maintenance decision-making process.
Our objective is to ensure that maintenance agreements are just and reflective of each unique case.
Adapting to Changing Circumstances: Modifying Maintenance Agreements
Life’s unpredictability can lead to significant changes that necessitate the modification of spousal maintenance agreements. At Griffiths Law, we are equipped to navigate these modifications in accordance with Colorado Revised Statutes 14-10-122, ensuring that maintenance terms remain fair and relevant.
When Can Someone File for a Modification?
A modification to a maintenance agreement can be sought when there are substantial and continuing changes in circumstances. These changes must be such that the original terms of the maintenance agreement become unfair. Some common scenarios that warrant a modification include:
- Significant Change in Income: This could be a job loss, a substantial decrease in income, or a significant increase in the income of the receiving spouse.
- Health Issues: Serious health problems that affect earning capacity or create substantial medical expenses can be grounds for modification.
- Retirement: Retirement of the paying spouse, especially if it’s in line with the normal retirement age, can be a reason for modification.
Legal Standard for Modification
C.R.S. 14-10-122 sets forth that modifications are only possible upon showing that the circumstances have changed substantially and are ongoing. This standard requires that the changes are not temporary and have a lasting impact on the financial situation of either party involved in the maintenance agreement.
Factors Relevant for Modification
The court considers a variety of factors when evaluating a request for modification, including but not limited to:
- Current Financial Resources: The current financial situation of both parties, including any significant changes in assets or liabilities.
- Employability and Earnings Potential: Changes in the employability or potential earnings of either party, including any necessity for further education or training.
- Health and Age Considerations: The age and health of both parties, especially if there are new or worsening health conditions that affect financial stability.
- Duration of the Original Maintenance Agreement: How long the original maintenance has been in effect and the relative time left on the maintenance term.
- Any Other Relevant Changes: Any other changes in circumstances that might affect the fairness of the current maintenance agreement.
Our role at Griffiths Law is to carefully assess these factors and provide expert guidance in filing for a modification. We advocate for maintenance terms that reflect the current realities of our clients, ensuring fairness and stability in the wake of life’s changes.
Why Choose Griffiths Law?
At Griffiths Law, we bring a blend of expertise, personalized attention, and proactive advocacy to each spousal maintenance case:
- Expertise in Colorado’s Maintenance Laws: Our attorneys have a deep understanding of the complexities of C.R.S. 14-10-114 and 14-10-122, ensuring informed and strategic legal representation.
- Personalized Service: We tailor our legal strategies to the unique circumstances of each client, providing customized solutions and attentive support.
- Proactive Advocacy: Our team is committed to vigorously advocating for fair and equitable maintenance outcomes, whether through negotiation or litigation.
Partner with Griffiths Law for dedicated legal support in navigating the complexities of spousal maintenance in Colorado. If you’re facing a divorce and need guidance on spousal maintenance, trust Griffiths Law to provide the expertise and support you need. Contact us today to discuss how we can help you navigate this critical aspect of your divorce with confidence and clarity.
"*" indicates required fields
What to Expect
- 1–2 Hours with an Attorney
- As Soon as One Business Day
- A Complete Review of Your Unique Case
A Comprehensive Plan:
- Expect to Receive Comprehensive Guidance About Next Steps
- Our Attorneys Can Begin Working Immediately