Colorado Alimony and Spousal Support Laws
Colorado courts may grant alimony payments as part of a divorce settlement. The court will consider all applicable factors to determine the appropriate award.
Types of Spousal Support
- Temporary – payments to be made during the time between filing for divorce and final decree.
- Short-Term – payments are to be made for a limited time as determined by the court.
- Long-Term or Permanent – payments last for a longer length of time, generally reserved for cases where the marriage was long-term.
Who is Eligible for Alimony in Colorado
Either party to a divorce may seek alimony as part of the final decree in Colorado. The court will consider each party’s situation in determining whether to award alimony, the amount and duration.
Colorado Alimony Guidelines (Factors for Awarding Alimony)
A court may order alimony to either party in Colorado if it finds that alimony is necessary. Alimony is not usually permanent. In deciding whether to grant alimony, a court may consider the following factors:
- Ages of the parties;
- Earning potential;
- Duration of the marriage; and
- Any other information the court determines to be in the interests of justice.
Reasons for Termination or Modification of Alimony in Colorado
Modification or termination can be considered by the courts at any time after the award of alimony. The court has discretion and may consider any changed circumstances in adjusting the amount or duration of payments.
Marital Fault in Colorado
Fault is not a complete bar to alimony under Colorado law. It is a consideration though in determining whether or not to award support. Alimony is not meant to be a punishment, rather it is meant to help one party deal with financial strains that divorce may cause.
How Long Does Spousal Support Last in Colorado?
The court will determine the length of any support payments at the time of final decree. The court may grant a lump sum settlement, or monthly payments depending on what is best given the circumstances of the parties.
Colorado Alimony Taxes
The spouse receiving alimony must claim payments as income if it is mandated by court order. The paying spouse may deduct the alimony on federal tax returns.
Find an Alimony Attorney in Colorado
Because divorce may impact your future income, it is best to seek the guidance of a knowledgeable attorney in filing the necessary paperwork and representing your interests in court. An attorney will help you through the difficult process from start to finish.