In many Colorado divorce cases, the issue of maintenance can sometimes be the most important and the most heavily contested aspect of the case. Maintenance, or spousal support, or alimony as it is referred in other states, can be dependent upon how much the parties’ incomes are different from one another as well as the length of time that the parties have been married, as well as many other factors. The Colorado Revised Statutes has a set maintenance guideline calculation, which is a baseline calculation of the expected maintenance award which courts must consider when entering an award. Courts have discretion whether or not to follow the exact guideline calculation, and judges often will deviate from the guidelines for many reasons, with the expectation that the statutory factors will be used in determining the exact award.
Because of the fact that maintenance orders are based on a large number of factors for the court to consider, it can be very difficult to predict the exact maintenance award that a judge or magistrate will order in any case. This uncertainty is part of the reason why maintenance awards are the hardest issue to settle in many cases. This is also why it is sometimes best to enter into stipulated settlements on the issue of maintenance, so that the uncertainty of the issue is removed from the case.
At Town & Town, we understand that the issue of maintenance is a stressful factor to consider in any divorce case. The idea of paying a set amount of money for a long period of time is certainly a cause for concern for any person. If you have questions about your case and the amount of maintenance you are expected to receive, or pay, please do not hesitate to contact us.