A new maintenance statute went into effect in Colorado January 1, 2014. The new statute contains guidelines for the court to consult when establishing a maintenance award. This Colorado law provides that when a party requests alimony in a dissolution of marriage (divorce), legal separation, or declaration of invalidity proceeding, prior to granting or denying an award of maintenance, the court shall make initial written or oral findings taking into consideration such factors as:
(A) the amount of each party’s gross income;
(B) the marital property apportioned to each party;
(C) the financial resources of each party, including but not limited to the actual or potential income from separate or marital property; and
(D) the standard of living established during the marriage
(E) the duration of the marriage
(F) the age, physical, and emotional condition of the spouse seeking maintenance
After considering the above and other factors, the court shall determine if a maintenance award would be fair and equitable to both parties after considering several other statutory factors and essentially anything else the court might find to be relevant in assessing whether or not to make an award of maintenance part of its permanent order.
During the proceedings of a divorce or separation, you may be informed that your spouse is seeking maintenance. In Colorado, alimony is referred to as “maintenance.” Either party to a divorce or separation may request maintenance from the other party. During the divorce/separation process, one may request “temporary maintenance”.
Temporary maintenance is essentially the same as permanent maintenance. The difference between the two is that temporary maintenance takes place during the process of divorce or separation. As mentioned above, it is important to note that maintenance is not reserved strictly to a divorce. One can request maintenance /alimony in legal separation cases as well as marriage annulments. Rather than treating each case on an individual basis, the state of Colorado recently passed a statute regarding calculations pertaining to maintenance.