How do Courts Calculate Alimony?
In Colorado, courts consider several factors when determining whether to award alimony (also known as spousal maintenance) and how much to award.
The first considerations for a Court include an assessment of the following:
- The amount of each party’s gross income;
- The marital property apportioned to each party;
- The financial resources of each party, including but not limited to the actual or potential income from separate or marital property;
- Reasonable financial need as established during the marriage; and
- Whether maintenance awarded pursuant to this section would be deductible for federal income tax purposes by the payor and taxable income to the recipient.
After making those considerations the Court must make a finding as to the term and amount of support based on the length of marriage and findings regarding additional factors including:
- The financial resources of the spouse seeking alimony, including their ability to meet their own needs independently.
- The time required for the spouse seeking alimony to acquire the education, training, and employment necessary to become self-sufficient.
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and physical and emotional condition of the spouse seeking alimony.
- The ability of the other spouse to pay alimony while still meeting their own needs and obligations.
- Any other relevant factors.
Once the Court has addressed all of the above, the Court must determine whether a party has met requirements for an award of spousal support (alimony).
Courts in Colorado have broad discretion in determining whether to award alimony and the amount and duration of any award. They will consider the above factors and other relevant circumstances unique to each case. It’s important to consult with an experienced family law attorney in Colorado to understand how these factors may apply to your specific situation.
