Adam Moore Law

Alimony in a Colorado Divorce Settlement

When you and your spouse have decided to divorce, the next step is the negotiation of the settlement. This will include how you split up the property that both of you currently own, the custody of the children, and whether one spouse qualifies for an alimony settlement. It is during this negotiation process that such agreements are made and if there is an impasse, it may be left to the court to decide.

Considerations of How Alimony Settlements Work

Every state has their own laws, rules, and regulations on how alimony works in terms of its setup and delivery to the spouse. There are a number of factors that will go into consideration when it comes to deciding the amount of alimony that is due.

  • Salary and Future Earnings: The purpose of alimony is to help the spouse maintain the same living standards as they enjoyed during the marriage. The less the person receives in terms of their individual income compared to their spouse, they more they are likely to earn a larger alimony settlement.

    This will also include income from sources outside employment, such as investments, dividends, and the like. However, in many states individual pensions are not part of the consideration.

  • Length of Marriage: The longer you have been married, the more the spouse is likely to receive a higher amount of alimony.
  • Children: If the children will fall under the primary care of one spouse, then it may affect the alimony settlement depending on the amount that the court prescribes for the non-caretaker to pay in child support.
  • Fault: In most states, adultery has been eliminated from consideration in terms of the alimony settlement. However, under certain circumstances it may be considered in the calculations of how much alimony will be earned.
  • Contributions: If during the marriage, a person contributed in a material fashion to the career advancement and/or the education of their spouse, that will play a role in determining how much they receive.
  • Stay-at-Home Spouse: If a person stayed at home and earned no outside income while taking care of their children for example, then the court will take that into consideration when it comes to determining the alimony levels.
  • In addition to the above factors, there are also issues of age, physical, emotional, or mental issues that may play a role in determining the alimony payments. For example, a person on a fixed income because they have retired will have that taken under consideration.

    There are other economic factors that also may play a role in determining the amount of alimony that will need to be paid. It will be on a case-by-case basis that will be left up to the judge to determine if it is not settled in the negotiation process.

    Once all of these issues have been settled either through negotiation or by the judge, the alimony will be paid on a monthly basis. For the person paying the alimony, having an automatic deposit system put in place will help since missing a payment will be seen as a violation of the agreement. You will need to consult with your Colorado divorce attorney for more details.