Understanding Spousal Support
Unfortunately, life doesn’t always turn out as we plan it. When filing for divorce it’s normal to be concerned about your financial future. You may be entitled to spousal support, also known as maintenance. No two cases are the same, and you need an attorney who will be on your side during this difficult time. Beck, Jonson & Nolan, PC, has 40 years of experience helping clients throughout Colorado, and we can help you, too.
How Is Spousal Support Determined?
The goal of maintenance is to provide continuing financial support to the lower wage-earning spouse. A court has the ultimate decision in these cases, and we are here to help you build the strongest possible case. There are a number of factors that are considered when determining maintenance. They include, but are not limited to:
- The financial resources of both spouses;
- The age and health of both spouses
- The lifestyle during the marriage
- The length of the marriage
- The ability of the paying spouse to meet his or her own needs while also meeting the needs of the recipient spouse
- Whether one spouse has historically earned higher or lower income than the income earned at the time of the divorce
The determination of maintenance can be complicated, as it involves a consideration of many factors. It is also important to know that a maintenance agreement can specify that maintenance is contractual, meaning it is non-modifiable. If your divorce agreement does not specify that maintenance is contractual, then it is modifiable upon an appropriate change in circumstances. If maintenance is established via a court order (as opposed to via a settlement) then your maintenance is modifiable.
Where such an order does not specify a termination date, the payments will continue until modified or terminated by a subsequent court order. Typically, if a spouse receiving maintenance remarries, the maintenance payments will stop. We can help you look at all of your finances and obligations and determine what is in your best interest. We are here to help guide you from beginning to end.