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Maintenance, still called Alimony for Federal Tax purposes (also called Spousal Support), is not awarded in every divorce. A spouse must first reach the threshold for maintenance by proving that he or she lacks sufficient property to provide for their reasonable needs and is not capable of supporting themselves through appropriate employment. Once that threshold has been met, the court will determine the extent to which a spouse is entitled to maintenance based on several factors, including the length of the marriage, the health and earning capacity of each spouse, and the standard of living established during the marriage; among other factors. Colorado has enacted a maintenance formula to assist the court in determining an appropriate amount and length of maintenance. The length of maintenance can vary from long-term, “permanent” maintenance or temporary “rehabilitative” maintenance, depending on the particular facts of each case. For example, a spouse who has not worked or completed educational or other training, may need financial assistance to complete those tasks to return to the workforce. Spouses may also contract for a specific amount and period of time for maintenance to continue.
Our attorneys are prepared to assist with even the most complex cases. Whether you are seeking alimony or defending against it, we will advocate for you at every step. While we make every effort to settle matters through negotiation or other forms of alternative dispute resolution, we are also skilled trial lawyers who will fight for your interests in court your interests in court.
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