If you are going through a divorce, you may be wondering whether your divorce will involve spousal support. Not every divorce results in spousal support, sometimes called alimony. If you are seeking alimony or want to fight having to pay alimony, you can hire a Golden spousal support lawyer who can work to protect your rights and advocate for your interests.
Our respected and experienced family lawyers in Golden, CO can guide you through the complex process of determining and negotiating spousal support, ensuring that all relevant factors are considered and that you receive a fair arrangement. If disagreements arise regarding spousal support, our attorneys find creative solutions to effectively resolve these disputes. At The Law Center P.C., we put the needs of our clients first and use all resources available to look out for their interests.
Spousal support is not automatically awarded as part of a divorce. A judge may award alimony under certain circumstances during a divorce or legal separation. As part of established guidelines for awarding spousal support, the judge in your case may consider these and other factors.
Due to federal tax changes effective from 2019, spousal maintenance is no longer deductible for the payor and is not taxable for the recipient. The advisory guideline for calculating maintenance has been adjusted to account for these tax changes. The definitions of certain terms like gross income and adjusted gross income have been updated to reflect the new tax implications.
In Golden, CO, the duration of spousal support can vary considerably from case to case. Temporary maintenance may be awarded on a short-term basis to help the lower-earning spouse maintain their standard of living while the divorce is ongoing.
Long-term, or permanent maintenance, begins once the divorce is finalized. The divorce decree may state how long the alimony is to be paid. Both parties have the option of later petitioning the court to modify that agreement if they wish to terminate or lengthen the timeline for alimony.
Permanent maintenance is less common and is typically awarded in long-term marriages or where one spouse requires ongoing support due to health or other factors. Alimony can also be awarded on a very limited basis to allow the spouse to gain education, skills, or employment.
Modifying alimony orders is not easy, and there are no guarantees that the outcome will favor you, which is why having legal representation during the initial establishment of spousal support is so important.
In Colorado, alimony disqualifications often come from the decision of the court. Financial need is the largest factor, and a judge may consider circumstances such as the length of the marriage, the earning capacity of both spouses, age, health, and other factors before deciding whether to award spousal support. The legal arguments of your attorney can also influence the judge’s decision.
Alimony can be paid on a short-term or long-term basis, depending on what you and your spouse agree to or what a judge decides in your case. Spousal support can be awarded temporarily, meaning it will last for the duration of the divorce. Spousal support can also be awarded for a period following the finalization of a divorce. Permanent maintenance is rare but can be awarded in special circumstances.
If you don’t pay alimony in Colorado, several consequences can follow. The court can hold you in contempt for failing to comply with a court order, leading to fines or even jail time. Wage garnishment may be ordered, requiring your employer to withhold a portion of your wages to cover the unpaid alimony. The court could also authorize the seizure of your property or bank accounts to satisfy the debt. Contact a property division lawyer in Golden if you need legal representation.
Alimony is awarded on a case-by-case basis. Your attorney can make arguments for or against alimony. The judge overseeing your case has the discretion to decide whether to award alimony, as well as the duration of the payments. If you feel you or your spouse should or should not have alimony, your lawyer can present those arguments on your behalf.
If you’re navigating a divorce and dealing with spousal support issues, you need divorce lawyer in Golden, CO that is well-versed in Colorado’s family law. The Law Center P.C. has the knowledge and experience to handle complex spousal support matters. Our attorneys work diligently to negotiate fair support arrangements and advocate for the financial interests of our clients. When negotiations are challenging, our experienced litigators are prepared to fight for your rights in court.
To discuss your spousal support concerns and explore your options, contact our office today for a consultation.