Colorado Divorce Alimony
The state court of Colorado which acknowledges divorce as ‘dissolution of marriage’ grants alimony based on some factors. Though the court considers the grounds on which the marriage has been legally dissolved but marital misconduct may not always be the case for denying alimony to the alleged spouse. Rewarding of alimony is certainly not a form of punishment rather it is to support the financially unstable spouse in order to hasten the standard of living that he or she used to lead before divorce. The Colorado divorce alimony can be either temporary alimony or lump sum alimony if the judge of the court finds that it is reasonable enough to order the alimony for the spouse who is really in need of the money for bearing living expenses.
To determine whether the spousal is to be paid or not the court of Colorado uses a mathematical formula. Incase the sum total of the income of both the spouses is coming to less than $75,000.00, a special method mentioned in 14-10-114 of the Colorado Statutes is applied to while deciding on granting of alimony.
If the 40% of the gross monthly income of the higher earning spouse is subtracted by 50% of the gross monthly income of the lower earning spouse and the remainder is less than zero or negative integer, the alimony is not to be paid by the higher earning individual. A positive remainder of the difference of the two incomes of the spouses will denote the sanction of the alimony for the lower earning spouse.
Alimony is rarely awarded if the summation of the incomes of the two spouses is more than $75,000.00. If the spouse is found to be not capable enough to maintain a standard quality of life due to financial instability or lack of property assets, the other spouse may be ordered to pay the divorce alimony.
The following are the major guidelines based on which the judge decides to announce payment of alimony to the higher earning individual.
Though the above factors are responsible for influencing the decision of declaration of granting alimony, but it is also taken into account whether the higher earning spouse is capable enough to support the receiving spouse with a hefty sum of money as alimony. To get more details on Colorado alimony you may take the help of certified lawyers or other authentic sources of alimony laws before moving to the court to submit a divorce petition.
- Depending upon the financial status of the spouse who is earning comparatively low, the child support provided and the amount of marital property and assets obtained by the alimony seeking spouse is taken into account during the time of awarding the alimony.
- How long the marriage of the estranged spouses existed before filing for divorce is considered by the judge of the court.
- The age, the condition of physical health and mental and emotional stability are some of the determinants of declaring alimony.
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