Maintenance, formerly known as "Alimony", is a form of family support paid from one spouse to another during the term of the divorce (temporary maintenance) or following the end of the divorce (permanent maintenance). Not every divorce is appropriate for an award of maintenance and it often takes a skilled lawyer to accurately predict the appropriate amount of support obligation.

Maintenance is often but not always paid by one spouse after a divorce in order to maintain the other spouse's standard of living experienced during the term of the marriage. In other cases, the amount of maintenance is established based primarily upon the need of the receiving spouse. In Colorado, judges have considerable leeway in ordering maintenance payments, and skilled legal advice and representation during a divorce are crucial to a beneficial maintenance award.

In Colorado, maintenance may be awarded shortly after the filing of a legal separation by requesting a Temporary Orders hearing. Maintenance awarded for the period between the filing of the divorce and the time the divorce becomes final are temporary and the calculation may be relatively straight forward. If the couple makes less than $75,000, the formula for "Presumptive" Maintenance per month is: 40% of the higher earning spouse less 50% of the lesser earning spouse. If a couple makes more than $75,000 at the time of divorce, then your attorney must argue for Maintenance in the same manner they would for Permanent Maintenance.

For Colorado courts, evaluation of a permanent maintenance award is not so simple and requires the judge to look at six (6) factors:

1. The financial resources of the party seeking Maintenance; including marital property and child support awarded that party.
2. Time needed for the party seeking Maintenance to acquire education or training necessary to find appropriate employment and the party's future earning capacity;
3. The standard of living during the marriage;
4. How long the couple was married;
5. The age and health (both physical and mental) of the spouse seeking Maintenance;
6. If the paying spouse can meet his/her needs while meeting the needs of the spouse seeking Maintenance.

These six factors are why you need an experienced Colorado lawyer for a beneficial maintenance award. Our team of attorneys at Johnson Legal Group specialize in Family Law and are well versed in the laws providing for maintenance.

Even though we call maintenance awarded following the end of the divorce process "permanent" maintenance, the term for such payments is very often limited. For example, a spouse may receive a "permanent" award of maintenance that lasts 5 years and is stepped down each year. Awards of "lifetime" maintenance following a divorce are not common.

If you have any questions about your specific case, or would like to talk to one of our attorneys, please contact our Denver office at 303-394-3030 or fill out an online inquiry form for a free consultation.