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Maintenance (Alimony) Basics
 
 
    In Colorado alimony or spousal support is referred to as “maintenance”.  The availability of maintenance is determined by a list of statutory factors such as the length of the marriage.  The goal of maintenance is to place the spouse who gets it in a position where that person will eventually be able to pay their own way without assistance.  Another goal is to enable the receiving spouse to maintain a lifestyle similar to that enjoyed during the marriage.
 
 
 The two basic components of a maintenance analysis are:
  • a spouse’s need for financial help
  • the other spouse’s ability to pay.
    
    Cases often involve a party with an obvious need for maintenance, but if the other party cannot afford to pay it and meet their own needs, maintenance will not be awarded.  It is an unfortunate fact of life that two households cost one-third more to operate than does a single household.   Many couples are in financial difficulty.  This is a big factor causing divorces.  If a couple is in financial difficulty, it is less likely that a divorce will include a maintenance award, however great one of the parties' need may be.

    A big issue regarding maintenance is how long one party will have pay it.  The duration of the award really depends on how long it will take the receiving party to become self-supporting.  Each case turns on its own facts.  Assuming that the receiving party is in good health and under no disabilities, a broad estimate would be that the duration of the award would not be greater than one-third the length of the marriage.

    Maintenance usually ends automatically upon the death or re-marriage of the receiving party, or the death of the paying party.  This must be so in order to qualify as alimony under IRS regulations.  Alimony that qualifies under IRS regulations is deductible (a reduction from gross income to adjusted gross income) to the payor and is income to the payee.  Tax consequences of maintenance awards should be analyzed prior to making any agreement to pay it.

    A divorce is a major business transaction in your life.  Most cases settle without a Court making the decision.  You should not try to handle it yourself unless you are well-informed and possess the requisite expertise and sophistication.
 
    For more information about divorce in Colorado, visit Chris's blog, It's the Law! 
 
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