DIVORCE: HOW MUCH WILL MAINTENANCE BE AND HOW LONG WILL IT LAST?
Oct. 23, 2019
Colorado couples who are getting a divorce will have much to consider during the process. Of course, child custody, child support, asset division and more are integral. Spousal maintenance is also a key part of the case. In many situations, one spouse was the main breadwinner while the other either made less income or was a stay-at-home spouse. There can be a litany of situations that must be navigated as part of the divorce. Understanding the factors that will impact how much is paid in maintenance and how long it will last is a key aspect.
The financial resources of the spouse who will receive maintenance will be considered. This involves their income or possible income stemming from property – marital or separate – and other sources. Also important is the spouse’s capability to support him or herself. The paying spouse’s resources will also be gauged in the same way. The spouses will have had a certain lifestyle while they were married and that will be assessed so it can remain the same or similar after the divorce.
The marital property the parties had will be distributed in the context of maintenance. If applicable, additional property from the marriage might be awarded so the maintenance can be alleviated or reduced. Income, employment and employability of the parties with education and training needed and achieved will be part of the determination. One spouse historically earning more or less than the other will be part of the decision for maintenance. The duration of the marriage can be essential to decide on maintenance.
Spouses will have made contributions to the marriage in myriad ways whether it’s through their own actions or helping the other to gain education, training, build a business and more. This is part of the maintenance determination. Taxes and which party can deduct or claim the payments made or received can be calculated in the decision. Finally, all factors that the court decides are relevant can be analyzed.
When getting a divorce, being fully protected under the law can be one of the most important decisions a person makes. Since spousal maintenance can be necessary to make ends meet after the divorce is completed, it is wise for both sides to understand what goes into the determination. Having legal representation from a firm that is experienced in all areas of family law and divorce may be helpful.